Florida Law on Statute of limitations

I thouht fl statue was 4 years for credit card debt.someone is persuing a case basing it on 5 year statue of limitation saying the mial in credit card application is a written instrument.can they legally do this in florida?




DestyNova
Posts: 7
Credits: 248.7

Sub: #1 The SOL is 4 years in FL, unless there is a copy of a written in
Mon, 03/21/2011 - 18:24

The SOL is 4 years in FL, unless there is a copy of a written instrument (such as an application) in which case it is 5 years. Of course, the contract may rely on another state's law, so you would need to read the contract.

Any information or statements in the above post does not constitute professional advice of any kind whatsoever, including but not limited to legal, insurance, or accounting advice. The above post may be factually inaccurate, and must not be relied upon for any purpose whatsoever.




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Sub: #2 I co-signed for $8000 in college loans for my son in 2001 in NY
Wed, 09/08/2010 - 13:21

I co-signed for $8000 in college loans for my son in 2001 in NY . He is layed off and can't make payments , I'm living in Florida retired on fixed income of workmans comp, and ssd . what can I do ? thanks




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Sub: #3 I have credit card debt while in Pennsylvania that dating back t
Wed, 04/07/2010 - 09:05

I have credit card debt while in Pennsylvania that dating back to 2005/summer. I recently moved to Florida Feb/2010. What state do I use for the statue of limitation on credit debt? Also,when does the clock start ticking on the debt regarding statue of limitations-last payment, charge off, last activity?




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Sub: #4 Quote:Originally Posted by AnonymousOther Florida counties inclu
Fri, 02/19/2010 - 18:09

Quote:
Originally Posted by Anonymous
Other Florida counties including Hillsborough have extended that logic to visa or mastercard credit cards...although there is no appellate decision on point

Check out Mohammed v. Capital One Bank 08-016 AP Miami-Dade and Delray v. Capital One Bank 08-516 AP. Capital One Bank uses Virginia law and Virginia's 3 year statute of limitations applies. Discover, Providian, Sears, MBNA all have 3 year SOL. Also search for Capital One v. Gregorich - it's not appellate it's easier to find online. PS call the lawyer from that case.




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Sub: #5 Quote:Originally Posted by roxetteHi Welcome to the forums.
Fri, 02/19/2010 - 18:04

Quote:
Originally Posted by roxette
Hi

Welcome to the forums.

The statute of limitation for legally collecting the debt in Florida is 5 years. Legal actions are possible within this period, so you should take care of this account and get the matter settled outside the court.

The lender will be willing to work with you if you advance them some money along with your proposal letter. Make sure that you have all the papers documented with this company. Send all your mails certified with return receipt requested. Once the company has accepted your proposal, do not miss the payments otherwise all the benefits offered now won't be available to you later.

I hope your negotiation will be successful with your lenders and this will result in improvement in your credit file. Do let us know about it.

Regards
Roxette

You are a glorified debt collector! Do not listen to her advice. The statute of limitations is not 5 years in Florida. At best it is 4 years, but depends on the choice-of-law provision on the credit card. Stay away from debt consolidators. Most of your credit card debts sold to debt collectors can be beaten in court.




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Sub: #6 Over 9 yrs ago my mother consigned for my nephew to take truck
Tue, 03/17/2009 - 10:03

Over 9 yrs ago my mother consigned for my nephew to take
truck driving classes. This year she has found out that he never made any attempt to repay. They are now after her for the money ($5000.00). Yes, I know that she did cosign but
never did she think that grandson would not repay. She is 78, poor health and simply cannot make payment. She is on a fixed income and cannot afford to pay this. What is the statue of limitations for this type of obligation or is there one?
Any suggestions would be appreciated.




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Sub: #7 Other Florida counties including Hillsborough have extended that
Thu, 01/29/2009 - 12:38

Other Florida counties including Hillsborough have extended that logic to visa or mastercard credit cards...although there is no appellate decision on point




NASCAR_Devil


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Sub: #8 Quote:A 4 year SOL can be argued for Store Cards based on this c
Fri, 09/05/2008 - 03:22

Quote:
A 4 year SOL can be argued for Store Cards based on this case, but you would have a hard time fighting a 5 year SOL ruling on a Bank card:



Read it again. Bank cards would fall under the 5 year SOL.




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Sub: #9 No, you said you'd have a hard time fighting a 5yr /sol on a sto
Thu, 09/04/2008 - 12:53

No, you said you'd have a hard time fighting a 5yr /sol on a store card, which is erroneous information.




NASCAR_Devil


Posts: 4677
Credits: 30821.544972777

Sub: #10 Didn't I just say that?
Wed, 09/03/2008 - 08:39

Didn't I just say that?




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