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sami · Posted: Wed Dec 07, 2005 11:15 am Subject: Statute of Limitations in Florida

I live in Florida and have never lived in another state and I rec'd a summons to appear in court for a credit card acct from 1997. I have a Court date in February that is going to be in the Judge's chambers with the atty representing the collection agency there by phone. This acct was charged off in July 2000 and my credit report lists the date of last activity on this acct as 11/1999. I have filed this information with the Court but it does not appear this atty is going to give up. It is my understanding that this is a time barred debt that he is attempting to sue on is this correct? any feedback would be helpful, Thanks!

Posted: Wed Dec 07, 2005 2:24 pm Subject:

Hi Sami

Welcome to the forums.

Don't worry about this account. This one is past the SOL period as the date of last activity is shown as 11/1999. Even if the attorney tries hard, he can't prove anything against you.

The federal laws allow the creditors to take actions against you even if the debt goes out of the SOL period. But you will have to present yourself in the court to dispute it and if you do so, you will get through.

If you fail to appear in the court, actions can be taken against you and you might be legally forced to pay this debt. There will be least chances to defend yourself at that time.

Read this article and know how to act when a summon has been served.

http://www.debtconsolidationcare.com/forums/creditors-action.html

Regards
Roxette

Sami · Posted: Fri Dec 09, 2005 6:33 am Subject: statute of limitations

Thank you for your quick and comforting reply. I was also wondering if there is anything that could grant this atty the judgement. I was a single mother with 3 children at the time of this credit acct and could not continue paying and he comes after me representing the collection agency 6 years later. It has been tough living without credit believe me. Also, why does it say at the bottom of my notice of hearing that this is an attempt to collect a debt.....
it's at the bottom of all the papers - what does that mean? and why is it in Judge's chambers and not a courtroom. Also, I will be present at the hearing - I wouldn't miss it. Thank you again for your website it is very informative.

Posted: Fri Dec 09, 2005 11:10 am Subject:

Hi Sami

Welcome back.

An attorney making collection attempts also should follow the laws laid down in the fdcpa. Get a fair idea on the debt collection efforts listed in the FDCPA in the Federal Trade Commission's website.

The attorney making a collection attempt must follow the laws in your state. You should seek help from the attorney general office and know the laws in your state. You can contact the attorney general through National Association of Attorneys General (NAAG)

Regards
Roxette

dwina · Posted: Thu Jan 05, 2006 4:10 pm Subject: credit report

hi, I am very happy to have stubble upon your website. I have been trying to get a mortgage for a home but my credit is poor and i want to clear it up this year but money is very tight. most of my credit is old, since 96, 99 with no new activit because cannot qualify for a c/c. my question is when it says estimated date this item will be removed, will it really be removed on that date and does that go for judgements to? if yes, can I then contact the credit bureau to remove after that date?

Posted: Thu Jan 05, 2006 4:23 pm Subject:

Your accounts have shown no activity since 1999 and as per the legal statute in Florida, it is out of the SOL period.

The negative information will appear in your file since the date of opening of this account for a period of 7 years. Once this 7 years reporting period as per the FCRA is over, it will automatically disappear from your file. Or else, place a dispute with the bureau.

Laine · Posted: Thu Jan 05, 2006 5:28 pm Subject: what is the time-barred deadline?

Hi there...glad to have found this site!
What is the time-barred debt amount in Florida?
I keep finding all different kinds of sights but can't find the exact info. Thanks!

Posted: Thu Jan 05, 2006 5:34 pm Subject:

Hi Laine

david f marshall · Posted: Sat Jan 14, 2006 7:06 pm Subject: child support

The child enforcement unit in New York says I owe 6500.00 in back support from 1986.(i disagree with this) and I have told them so,but it falls on deaf ears.On two occassions this appeared on 2 different credit reports, I had it removed.Can they still collect this debt that is 23 years old. Currently I live in Florida.

Posted: Mon Jan 16, 2006 11:33 am Subject:

Hi David

Since this is a legal issue, I may not be in the position to suggest you anything in specific because of the limited information given by you. However, you can get some details on child support in Florida at the attached link

KIMBERLI B. GAYLE · Posted: Tue Jan 17, 2006 1:34 pm Subject: Deficiency balance for car reposession

I have a car that was repossessed in 9/02 and charged off 4/03. Is the sol from the actual date of repossession or from the date it is charged off?? Also, i get harrassing calls all the time from a collection agency, however they will not give me their address. I just have a number . They have never sent me a letter even.

Thanks
Kimberli

Posted: Tue Jan 17, 2006 1:37 pm Subject:

david f. marshall...I would definatly check the laws. I had a neighbor (in NH) who never paid his child support, he was summoned back to the state of CT because his now adult son was suing him for the past due child support.

Posted: Tue Jan 17, 2006 3:53 pm Subject:

KIMBERLI

Statute of limitation is calculated from the date of last activity in the account. In other words, the time period of the SOL will be calculated from the date of last delinquency in your account.

Since I don't have the complete information from you in this matter, I am framing it in this way. As your debt is secured, creditors can try to sell the repossessed item and make you pay for the balance amount that is owed after the sale of the item. Thus, the balance amount that you will pay becomes unsecured debt. If it gets past the SOL period, you can legally refuse to pay it further and also avoid all legal actions. Check the laws on statute in your state. Remember, if your debt is past the SOL period, a promissory note or a payment towards the account can actually renew the SOL period from the beginning and you will be brought back under legal actions.

Posted: Tue Jan 17, 2006 5:16 pm Subject:

Is there an SOL on unpaid phone bills? My hubby receive a letter from a CA today regarding an old sprint bill. Would it list the date of last activity on his credit report?

Posted: Tue Jan 17, 2006 5:41 pm Subject:

Phone bills will be covered under the unsecured debts. The SOL will be calculated from the date of last activity in the account.

lisat2003 · Posted: Fri Jan 27, 2006 11:01 am Subject: repossesion

I bought a car thru a buy here pay here dealership. The car was reposessed two years later with a balance of just over $2000. Over a year later the reposession is now on my credit. I was never given an opportunity to purchase the car back after the reposession nor was I notified of what they did with the car after the sale. Can I dispute this with the credit agencies to have this removed since they did not follow the appropriate protocol as required by Florida?

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