Still being harassed for judgments beyond SOL
Date: Tue, 02/12/2008 - 11:26
Are they now guily of "misrepresenting the legal status of the debt"? Who should I report this to? The Florida Bar? Anyone else? How should I handle this?
Florida Statutes of Limitation Contract or written instrumen
Florida Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
Hi Steve, I am having trouble understanding your post. You
Hi Steve,
I am having trouble understanding your post. You said that the judgment was 8 years old, yet you then said that the original judgment was recorded in 2007. If it was originally recorded in 2007 then it is one year old at most. Please verify this info for us so we can get you the best help possible.
SOL
Purchased a car 3/01. Made maybe one or two payments. Car was repoed ???. Car was sold in auction, not sure when. The money from the auction was applied to the account. Which payment starts the SOL? My last payment or the payment from the auction?
SOL
To finish my story, I was sued by Ford 7/5/05. A default judgment was requested 9/05 and entered 12/05. I had no knowledge at all of the law suit nor the judgment. Here it is 7 years later the default amount in 2001 was @ $7500 now it is $14000. I find out about all of this when it is way too late for me to do anything about it. OR IS IT? I am willing to accept help from anyone. Please email me at [email]bdtentertainment@pacbell.net[/email]. Thanks Dee.
ok, your judgment is not 8 years old if they sued you in 2005.
ok, your judgment is not 8 years old if they sued you in 2005. The debt may be that old, but the judgment isnt. Long story short, this judgment is still well within the SOL so they arent doing anything wrong trying to collect on the judgment.
now, I would go to naca.net and try to find a lawyer in your area that deals with consumer law--they will be able to tell you if you can still have the judgment vacated due to improper service, or if it is too late.