What do I do next?
Date: Tue, 07/15/2008 - 10:11
I just want to make sure that I am correct and they can't sue me for it. I live in Florida so the SOL is 5 years. In this thing they sent me, it says last payment was Nov, 7, 2002 so the SOL has passed right? This is a Household bank credit card by the way. It also says they don't have the original records because they have been destroyed.
What do I do now? The DV I sent also had a cease and desist in it too. If I had the money, I would pay it but they refused to set up payments at all that weren't unreasonable- such as in 2 payments of $400.
Thanks
From what I have read the SOL in Florida where I live also is 4
From what I have read the SOL in Florida where I live also is 4 years on credit cards. The 5 years is for contracts and Mortgages. I beleive that credit cards fall into the "catch all' of 4 years. I think I told you I have an attorney that would handle that on a contingency basis. If not please PM me and I will giveyou the info.
If they can't produce even a bill of sale then it would be hard
If they can't produce even a bill of sale then it would be hard for them to articulate in court how they can be collecting on an account where the documents have been destroyed.
Recent case law supports the 4 year SOL on Store Cards but there
Recent case law supports the 4 year SOL on Store Cards but there is nothing on bank cards so I would still go with the 5 year SOL on those:
portfolio recovery associates, LLC, Appellant, v_ PAUL FERNANDES, Appellee_ Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County
