Dismissed without prejudice.

Hi danritter1980,

File a complaint with the FTC. It is against the law for them to discuss your debts, alleged or not, to anyone else.

The SOL for both FL & CA is 4 years. Is it was taken in CA, the CA SOL should apply, unless you ever made a payment on it after you moved to FL. If so, that could be a rather tricky situation.

It was probably bought by a junk debt buyer, and they are the worst - but usually there is nothing they can do other than hope you don't know the laws!

Who is the creditor now contacting your father-in-law? You could probably tell them to pound sand, and if they threaten to take you to court, say "bring it on!" but let someone else verify that just to be sure.

Hopefully someone can come on here and clarify the SOLs across state lines.

Oh, I believe the SOL starts with the original default date.

SOL for FL would be 5 years on this type of account, not 4. More details please. Was this an over-drafted bank account or CC?

Thanks for the help Chrys. It was an expense account. Can they file up until the SOL is up or does the court have it's own SOL on the motion to dismiss?

I have heard that SOL is based on where you currently reside, though I have heard occasionally that they can try to use SOL of where the debt originated. I have found a statute in Texas that states plainly that any person who has been a resident of Texas for 1 year can take Texas SOL no matter what the account was, or where it originated from. So, perhaps there is some truth in that they can try for the SOL of where it originated..but perhaps other states have a similar statute about residency....although Texas is a VERY consumer and debtor friendly state.