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Need some advice about collections in Florida

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Hi- I am having a problem with Gillete and Paul. They have been calling my mother's house- I called them last week and gave them my number- they still called my mom's house today. But that is not what I need the help with. I sent them a debt validation letter today- then received a call finally at my number. I did some research here online this weekend and found out that Florida statues are for 5 years on a written account which is what credit cards are right- it's an old household bank account- that I'm almost positive I paid off years ago. Am I right about it being 5 years because this lady from Gillette said I was wrong and that it is 20 years. She also told me last week that the last payment was April 2003-today she told me that that is not what she told me- she says it is Oct 2003 now.

Can someone please verify that it is 5 years for me? Also any other advice? I don't have any records from back then either.




First off, stop talking to them on the phone. CA's lie for a living. You are correct and the CA is lying. SOL on this type of CC is 5 years. If you have not already done so, pull your free credit reports at www.annualcreditreport.com and see how this is reporting. You'll also need to go thru your records and find out when the last payment was made on the account. Do you know when the account first went delinquent(DOFD)? Here is some info on FL statutes:

FLORIDA STATE LAWS

http:// www.flsenate.gov/Statutes/ind...1&Tab=statutes

SOL
95.11 Limitations other than for the recovery of real property
http://www. flsenate.gov/Statutes/ind...095/Ch0095.HTM

Cause of Action
95.031 Computation of time
http://www. flsenate.gov/Statutes/ind...095/Sec031.HTM

State UCC
TITLE XXXIX COMMERCIAL RELATIONS Ch.668-688
http://www. flsenate.gov/Statutes/ind...XIX#TitleXXXIX

Paying won't automatically restart SOL
95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

Credit Contracts
687.0304 Credit agreements
http://www. flsenate.gov/Statutes/ind...87/Sec0304.HTM

Florida fdcpa & FCRA
www.dbf.state.fl.us/lice nsing/ch559.html

Your Rights as a Debtor
http://www. flabar.org/tfbtemplates.n...d?OpenDocument

CA Liscense
www.dbf.state.fl.us/l icensing/download.html

Liens
http://www. hidayricke.com/news/Artic...%2055%20FS.htm

Public Records
http://www. ccfcorp.dos.state.fl.us/c...jlinquiry.html

Court Process
www.phonl.com/fl_law/ru les/frcp/frcp1.htm

Sub: #1 posted on Tue, 07/08/2008 - 21:19

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

First of all have you received anything from them in the mail? You need to send a dv ltr so that they can prove that they are indeed collecting on a leigitimate debt. Someone will be along to advise you what your sol are..20 years seems like a long time to me, however all states are different.

Hang on and some one will be along to assist you.

Sub: #2 posted on Tue, 07/08/2008 - 21:20

ladybug ladybug

(Posts: 2757 | Credits: 282.45)

Sorry...just caught the last line about no records. Do you have the same bank as you had then? I know 5 years might be asking too much but I was able to get statements form BOA from 2001 ordered on-line.

Sub: #3 posted on Tue, 07/08/2008 - 21:24

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

When I saw the 20 years I was at first thinking the OP had a judgement against them so I started looking into it. I've got to do some more research but it appears that judgements in FL have no SOL. I just sent a message to an attorney in FL who posts on another board and see what he comes up with.

Sub: #4 posted on Tue, 07/08/2008 - 21:38

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

I have not received anything in the mail that I remember. They did have my correct mailing address though. I did send a validation letter I copied from here today certified mail. I stupidly told her that I had too. I know that that was probably a mistake if I am wrong about last payment- like I said she originally told me it was April 2003 last week- today she said Oct 2003 was last payment. I can't remember and am not even sure which bank we had then. I think she might be lying about the oct date because she said that after I brought up SOL.

Sub: #5 posted on Tue, 07/08/2008 - 21:51

ejvjkmsa ejvjkmsa

(Posts: 6 | Credits: 2.31)

PM me! I am in Florida and have a great attorney that will sue them on a contigency basis. No out of pocket cost to you, No Joke! There are multiple fdcpa violations there. I just won a similar case out of court! He will make them disappear real quick and even get you some cash!

Sub: #6 posted on Tue, 07/08/2008 - 21:51

Frogpatch Frogpatch
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(Posts: 5381 | Credits: 652.51)

Of course she's lying. If the last payment was 10/03 then you are still w/in SOL. How much is this alleged debt for? IS it worth their while to file? $1000+?

Sub: #7 posted on Tue, 07/08/2008 - 22:10

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

She said it is for $1258 - something like that. Like I said- she originally told me the last payment was 4/2003. That was last week before I said anything about SOL to her though so that makes me think she's lying about the Oct date- I guess I'll just have to see what they send me.

She did say though that the only thing they would send out for validation was what they have that would be given to the court- not any other details.

Sub: #8 posted on Tue, 07/08/2008 - 22:29

ejvjkmsa ejvjkmsa

(Posts: 6 | Credits: 2.31)

Validation per the fdcpa is very narrow, name of OC and amount and not much else (before anyone starts jumping on me, this is MY opinion) anything else you might see on the laundry list on a DV form letter generally would only be provided during litigation. What do your credit reports show for DOLP?

Sub: #9 posted on Tue, 07/08/2008 - 22:42

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

May I ask you why in the world anyone would try , with no legal background, to defend themselves when an attorney can be retained at no out of pocket cost. It is all well and good to speculate on how laws should be interpreted but the bottom line is a lawyer is better than a non lawyer in legal matters. Nascardevil is correct in my opinion also what is required for validation. However that is not the serious issue here. What we have here is multiple third party contact. That is an egregious violation of the fdcpa and a sure ticket to winning this.

Sub: #10 posted on Wed, 07/09/2008 - 01:53

Frogpatch Frogpatch
Moderators Cum Industry Expert
(Posts: 5381 | Credits: 652.51)

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