Actual Sol# in Florida

Simply email the Attorney General's office with this question, and they should give you the law regarding SOL very soon. You may also call a lawyer who deals in this field and get a quick answer over the phone for free.

In your DV letter, you should also ask the CA to show proof that the SOL has not expired on the account. I have a similar situation with a different CA. If this is an old credit card account (open account), the Florida SOL is 4 years. If you do e-mail the State Attorney on this, ask if the SOL is 4 years from the date of last payment or 4 years from charge-off. I think there is a difference.

Sol in Florida depends on the kind of claim that is involved. For instance, SOL for
??????? Open Account is 4 years
??????? Breach of Written Contract is 5 years
??????? Domestic Judgment is 20 years incase it is renewed at 7 years
??????? Foreign Judgment is usually same as that of domestic judgment

Hey Eddie,

I don't have an exact answer for you, but I would recommend using one of those sites, I think lexis nexus has one where you can look up case laws and search for statute of limitations. I'm in a similar situation (outside SOL if it's from last payment, just inside if it's from chargeoff). In my state, Michigan, I saw in several court decisions the statute of limitations starts when the payee makes a demand for or can sue you for the entire balance. Credit card companies usually do this if they've closed your account and that happens several months before your charge-off. The more I read, the more I believe that charge-off is just a credit reporting element as well as a book keeping requirement for credit card companies and doesn't have anything to do with SOL as far as getting sued. But it might come in handy in proving or providing documentation of your last payment. Because of my zombie debt that came back to life I'm printing out and keeping electronic copies of my credit report every month. Fortunately the previous places where I rented apartments still had my credit report on file so I also have copies going back a couple of years. If I get sued, I don't know if all of this proves when the last payment was, but taken as a whole I think it would show a paper trail and a likelyhood of when the last payment was. It's a lot better than coming in empty handed.