Statue of limitations in Florida

Hi deldog

The statute of limitations in Florida for written contracts is 5 years and for oral contracts it is 4 years. The debt goes out of the SOL period when it is beyond this time span from the date of last activity in your account.

For example, you have a debt account in which you made the payments on Jan 1999, Feb 1999, Mar 1999 and then you defaulted on it in the month of apr 1999. You started making the payments towards this account again from Jun 1999, July 1999 and then became delinquent in the month of Aug 1999 and so on. Thus, your SOL will begin from the date of last activity in this account i.e.. Aug 1999 ( not Apr 1999)

You will be under the legal collection period for a period of 4 years if the debt is unsecured and for 5 years if the debt is secured.

The creditors and collectors can take any sort of legal actions against you to recover the money. But if your account is out of this time period, no agency can force you to pay the account.

Do not renew the SOL period by making payment if the account is close to the seven years reporting period.

A collection agency can continue making collection efforts even if the debt is past the SOL period. It is important for you to know the laws before making any agreement with them.

Remember, SOL gets renewed if you make a written agreement or pay towards the account. Dispute the item with this explanation if any written statement is sent to you. You have enough legal reasons to mention your point on expiry of the SOL.

Can a debt collector sue me in the state of florida if the credit card debt was initiated in the state of connecticut?

Gayle, a debt collector licensed in CONNECTICUT has the legal rights to take actions against you, not the one in the state of Florida. If the collector is hired by your credit company, the collector needs to send the account back to the company who will decide their further actions. The collector only gets the rights after they purchase the file. It will be better if you talk to the original company and explain the situation.

hi.Deldog i received a Summons from on a credit card bebt dated jun 1 2006 and the last transaction made on that credit card was on 7/12/2006 can they go after me in the state of florida?

Luis, since the date of last payment on the account is 7/12/2006, it is within the legal SOL period in Florida. It thus gives a chance to your credit card company to file a lawsuit against you. I will suggest you to talk with them and try to settle the matter outside the court. They may try to understand your situation and don't want to bear the expenses at the court. Offer them your payment proposals so that you can keep the matter outside the court. I can understand your situation but I would have made this move first if I were in your shoes. Give a try!

Hi,I live in Florida and I am being taken to court for a credit card. I have asked by certified letter that they validate the debt but they have not done that yet. We go to court on August the 24th and I have pulled a credit report that states I dont owe the origianl card company anything that account is in good standing. Besides the account will come off of my credit in August of 2007.How can I owe the collection company when the original company has me oweing nothing?

Hi westside.shell

Don't avoid the court notice if the hearing is fixed. Explain your situation to the judge. He will rule down the company's case. If you miss the court hearing, this debt can be assumed to be yours and you will be held liable to pay it. So, make sure that you are prepared to face the judge with your facts.

Hello, what is the statue of limitations in the state of florida if I have an account that was closed on 9/2002 is the statue of limitations up on that account.

Shelly, you closed the account in the year 2002, when did you have the date of last activity on it? The SOL in Florida is active for 4 years from the DOLP.

The last activity date as shown on my credit report is 120 days past due as of 9/2002.