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sol in florida

Date: Thu, 08/18/2005 - 18:01

Submitted by anonymous
on Thu, 08/18/2005 - 18:01

Posts: 202330 Credits: [Donate]

Total Replies: 2


my last payment on a lot in palm bay FL.was in 1997.the company went bankcrupt and i have not heard from them.in 2005 i am now being sued for money owed on the mortgage plus interest.can i use a expired SOL letter


Hi Leighton,

Statute of limitation in Florida is 5 years from the last activity seen in the account. If your account has passed the SOL period, you can definitely send them a letter asking to stop the collection activities for the said debt. Once the SOL period of the account has expired, no court order can compel you to pay the amount.

Please send your letter through certified mail and ask for an acknowledgement also. If after receiving the letter, they still continue calling you for this debt, you can file complaint against them, as it will be a violation of fdcpa law.

For any further information, please feel free to ask in the forums.

Regards
Bryan


lrhall41

Submitted by 4u.bryan on Fri, 08/19/2005 - 09:34

( Posts: 819 | Credits: )


Hey Leighton,

Basically, even though a debt's Statute of Limitations has expired, that doesn't stop creditors and collectors from attempting to collect the debt. It only means the courts can't be used to force you to pay the debt through legal actions such as judgments, wage garnishments, liens etc.

So, I'd say that if they went bankrupt and are harassing you, make a complaint with Florida's Attorney General instead. They shouldn't be suing you...in which case, you should get a lawyer to help handle the situation.


lrhall41

Submitted by Lindsey on Fri, 08/19/2005 - 09:37

( Posts: 362 | Credits: )