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.

Shelly, the account is surely out of the SOL period if it was originally opened in FL. You have the legal rights not to pay this account. If any company insists you to do a payment, send them a dispute letter noting the expiry of SOL. Send it through CMRRR so that you can prove the action.

Does the statue of limitation for unsecured debt stop if you move out of Florida. In that case does that mean there is no SOL never ends for someone who moves out of florida before the 5 years is over for SOL.

Even though you move out of Florida, the debt still counts the SOL period as per the laws in the state. No matter, you are living in a different state now, if the debt is past the SOL period in Fl, you are legally free not to pay on the debt account. But if it is within the statutes of FL, legal actions can be possible in the state where you are newly shifted.

I have just discovered several small debts on my credit report from my ex-wife. all depts are well over the SOL and I wondered if you had a format I could use to write the credit agencies. also do I also need to send one to the creditor?

A debt with accurate negative information will not be removed from the credit report before the 7 years reporting time. As the debt is past the SOL period, no company can force you to make the payments. Even if the company intends to file a law suit against you, it won't help them but to bear the court costs and fees.

Go through your credit report and find out the date when the account went delinquent for the first time. The seven years reporting time will begin from that date.

Hi, I have an old credit card whose DLA was in May of 2000. Is it true that this entry must be deleted from my credit report within 7.5 years in Florida? The reason that I am asking is because out the blue I received a call from a collection agency recently asking me to pay, I got scared and panicked and I told them that I didn?t know what they were talking about and I hung the phone up. Since then they call everyday and I don?t pick up the phone. Did I inadvertently by answering the telephone moved the DLA to 2006 and hence move the DLA to 2006?

Check ou this site at http://www.fair-debt-collection.com/sol-by-state.html#40 it should answer your questions.Good Luck...Karen

Hello, I also have a similar situation. I stop making payments on a credit card back in 1999. I recently review my credit report and I noticed that this debt (delinquent in 1999) has being passed to many different collection agencies and that each time this happens the DLA changes to the date that the account was transferred, thus making the DLA seem more recent that what it really is 1999. Is this legal? Is this a loop hole in the statue of limitation?

hi, i live in florida and i got 2 mortages put on my home when a company called the moneystore did some work on my house. durning a couple of years the company filed bankruptcy and someone bought them out and i stop paying. now its been about 7 years and the new company is trying to take my home. they served me with a 30 day eviction notice even though i filed bankruptcy and are paying them. are they able to do that?

is there a statue of limitation on violation of probation charges

Hi I live in Florida, and someone stole my identity and fraudulently opened an account with Direct Tv, this account became delinquent and was sent to collections. I was not aware of any of this until recently. I heard in your forums that you are entitled to a free report once a year and this is how I found out. It turns out that a person with my same last name (different first name) used my SS# to open an account with them; this person lives a different city in Florida. Immediately I placed a fraud alert on my credit and called the collection agency. The collection agency told me that I must fax a letter to them and attach a copy of the police report (which I have). My question is: Is there a form letter that I can use to send to them? What should I say? Equifax sent me a letter stating that they spoke with Nationwide credit and that they concluded that the item belongs to me. How is this possible when I never authorized this transaction. Please help.

I read something similar in this link.

http://forums.debtcc.com/getting-loan/about15782.html

Thank you, the previous post was mine. I received an error message and thought that it was not posted.

Thank you

I have to go to court in april a collection agency is sueing me and the sol is up what should I do? How do I get a copy of credit report to show when last payments were made?

Show up to court. If you don't a default judgement will be entered against you and it will be much harder to fight. At court, tell the judge the sol is up on this debt. If you have any records proving so take those to court with you.

"What should I do?"

You can see if you are eligible for legal aid, hire your own attorney, see if any lawyers will do pro bono work, or get assistance from a paralegal. You've posted in a FL thread, do you live in FL? Florida's SOL provides that your exit from the state stops the clock from ticking. If the SOL has definately expired, then like goudah already stated, inform the judge of that fact.

"Can they garnish my wages?"

Per state law, if a judgement is obtained.

Your credit report will not necessarily contain the info on last payments made, however, you may contact the credit reporting agencies (experian, equifax, transunion) to obtain a copy. You could try to contact the original creditor to obtain your past history. You can also try to review your old bank records.

I left the state because of domestic violence and i am still in hiding. The state of florida says that they won't come get me but i do have a warrent for failure to appear in a probation violation will this warrent go away after 7 years what about the charge the probation period is up and i did pay the monies back please help me

The FTA will likely remain until you clear it up. You may be arrested any time you're pulled over, and there is a chance that your driver's license is suspended (if it's not, I think there is a good chance that it could be later). I do not believe statutes of limitations apply to warrants--charges are already filed (SOL applies to the amount of time allowed to file charges). You need to clear this up, you risk arrest every time you are in contact with law enforcement. If it is a small matter, there is a chance that Florida won't extradite, but that will never mean that the issue is resolved. Failure to extradite just means they don't want to spend the resources to come get you. You'll have to contact the judicial system in FL to figure out how to fix this.

At any rate, this is not the forum to discuss this matter in. You've posted to a board that discusses debt, not criminal matters.

I have a collecction company calling me from a payday loan they state i took out back in 10-2002 and have had no activity (state of FL) is this past the SOL

I have 2 credit card accounts that were sold to a collection company. The collection company file a judgement in Feb. 05 and the other in June of 05. How long is this judgement good for. Also, one of the judgements garnished my checking account one time a couple of years back. these accounts have been inactive for sometime.

I went to DOCTOR in 1992 and he billed my medical insurance and misdiagnosed me. This was connected to a class action lawsuit that never panned out. He tried to bill me an additional $7900.00 for which I told him he collected his payment off my insurance and I didn't owe him anymore money.. Now here it is 18yrs later a collection company is calling me for this debt stating I owe him 25,000 dollars. Surely there has to be a statute of limitation on this and it sounds like a collection company that buys bad debts. What do you think?

i owe an air conditioning contractor from july 2004, for a new air conditioner
i was just served a notice of suit, has the statute of limitations run, never served or noticed before today