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  1. lummus

    SOL Help

    @BV80, I have read all the Florida state laws and for some reason it is all so confusing to me. I will try to read up on it again and see if I can figure it out. I am just really not understanding the legal terms that they use. I will have to see what I can find out. I know it is title 8, chapter 95 and there is so much information there it is hard for me to make heads or tails of it. Thanks for the held though
  2. lummus

    SOL Help

    @BV80 Doesn't the statue of limitations start when from the date of first delinquency? If that is the case, then the date of first delinquency was in 2009, so the statute would be up in 2013. Just trying to get all my ducks in a row on this one. Thanks for all the help
  3. lummus

    SOL Help

    @BVD Here is the Florida statute. 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.
  4. lummus

    SOL Help

    I have a question about SOL in Florida. I have done reading on this and now I am so confused. I have a Chase credit card that the DOFD was in October of 2009, so for a credit card in the state of Florida the SOL is 4 years. I contacted MCM and they are telling me the statute of limitations starts when the last payment was made (I did make a few payments in 2011). But according to Florida statute the SOL only restarts if I signed a new written contract to make payments, which I did not. They are telling me they filed a lawsuit in my county in November of 2013. I have not seen anything from the court for this. Just making me do some thinking and trying to figure out where all of this is printed in plain English and not legal terms. LOL. Thanks for any help.
  5. She told me they filed it in my county, but did not tell me address that they filed it to. I am really not sure that they filed the lawsuit as there is nothing on the court records. They did speak to me about my husband's debt, which I dont think they are allowed to do. I was an authorized user on the credit card, but technically the debt is his since it was in his name. Is that a violation? I dont have my husband's credit report to verify everything (we apparently got the free one last year some time, but I am not sure when). I wish I could get it so that I could get more information. I am trying to do this without having to pay a ton of money that I dont have. I am not sure if it the SOL is up on this one or not because I do not remember when the last payment was made, although they told me 5/2011, but not to them. I think that the DOFD was well before then, probably around 2009 or 2010, so it well could be past the SOL. I guess I am going to have to suck it up and pay for the credit report so that I am armed with more information to battle them with. Thanks again for the help. I am so new to this credit repair stuff and have so many questions and really not sure what to do about it.
  6. Clydesmom, Thank you for the information. I may not be able to do anything about the one, but really wish there was something that I could find to remove it. I will have to do some more digging. As for the one that they say they filed suit on, I looked up my county courts website, and there is nothing in my name or my husbands name to reflect this "suit." I dont know what a sewer company is?
  7. Okay.. so I am still confused and not sure where to start. I contacted Midland again today about my two collection accounts (one is my husbands and one is mine). The one that is mine they will not file suit because it is past the SOL. Will fall off credit report in 2016. Wish I could get it off sooner. The one that is my husbands (Chase Credit Card) they say they filed the lawsuit in November of 2013, but I have not received anything on this. They say it is not out of SOL. Was charged off in 2010. I dont think that really matters, but whatever. I also read somewhere that all debt collectors in the state of Florida have to be licensed in the state to collect on a debt. I did some research on the office of financial regulations website and it says that they can face a fine of up to $10,000 if they are trying to collect and are not licensed. Can someone possibly tell me what to do from here to try to get these two removed from my credit. They are the worst ones on my credit report and are holding me back. The other stuff is all medical bills and small. I would like to get my credit repaired and start with the big ones first. Thanks again for any help.
  8. Thank you for the response. I was hoping to be able to do this on my own. But if I have to talk to a consumer attorney then I guess that is what I will do. I was wondering if I could send them a DV letter or something about the SOL. But really not sure where to start. This is so frustrating. I just want it off my credit report... it is killing my scores. I know it should drop off in 12/14, so that would be okay.. But would like to have it resolved before then because they have different amounts and dates of Last activity
  9. Hi everyone, I have so many questions and don't know where to start. I have been reading a lot on this forum and now I have myself so confused I am not sure what to do... So here goes. I pulled my credit report.. I got transunion and Equifax. I have a few questions on a few line items on there. So here goes my questions. On the Equifax.. I have the original creditor as HSBC/Beneficial. The DOFD is 1/2008, last payment was 9/2009, date major delinquency first reported 6/2010. The original amount charged off was $9956.00.. says it was transferred or sold/charged off account. Also the amounts are different. Midland has it as a $17855 debt (WHAT?) How the heck can they add $8000.00 on to the loan when the original charge off was only 9956? So the next thing on there is a collection from Midland. It says that my account is open, type of loan is factoring company account. It also has a few things different than HSBC. Date major delinquency first reported is 8/2013. I have not had any contact with them regarding this debt. On my TU it says that the original debt with HSBC/Beneficial will fall off 12/14. But the Midland says it wont fall off until 5/2016. HELP.. I am trying to clean my credit up so that I can buy a house and this is a MAJOR hit. I am not sure that filing a debt validation will get me anywhere, but I need to take the first steps in fixing this. Thanks for any help you can give me.
  10. I was curious, so i just pulled this from the Florida SOL on credit card debt. Now I am really confused on what to do. Re-aging debt Consumers should be aware of a practice called re-aging of old debts. The clock on the statute of limitations may start anew if a consumer makes a payment -- even a small amount -- on a debt that has exceeded or is approaching the end of the statute of limitations. Acknowledging an old debt may also extend the time limit on potential debt collection lawsuits. Consumer advocates now advise debtors not to acknowledge old debts or debts they don't recognize as their own to avoid inadvertently resetting the clock on the statute of limitations. Any new activity on it could re-age it and make it more collectable. -- Lauren Saunders National Consumer Law Center "Any new activity on it could re-age it and make it more collectable," says Lauren Saunders, managing attorney for the National Consumer Law Center, a consumer rights group. "You're better off ignoring a call about an ancient debt. It's best to send them a letter saying I don't recognize this or please verify it."
  11. Shellieh98... Do you have any suggestions for me? What should I do from here? Sorry. Just saw your post above. I guess I will wait the 3 years and hopefully they will drop off. Thanks for the advice.
  12. Hi all, I am new to the site, but have so many questions. I hope you can help. I had a huge hit to my credit a few years ago do to my husband losing his job. Long story short... many bills did not get pain. Even went into foreclosure and lost my house. But now I am back on my feet and trying to repair my credit so that we can possibly buy a house again. I got a copy of my credit report and here are my questions: There are two accounts for Midland on my credit report. One is mine and one is my husbands. I know where they come from, but I am not sure that the amounts reported are correct. I contacted Midland today about one of them and they told me that they had it in the legal department and it was about to have a suit filed on it. The lady told me that I could settle for one-third of the balance ($4000.00) and they would mark it paid in full. Well this is not possible, so I asked her for another option. Well they wanted me to pay a down payment of $2000.00 and then make monthly payments of about $500.00 each. Again, that is not possible if I want a place to live and food to eat. I stumbled across this website and have been reading some of the information on here, but I am a bit confused. I live in Florida and think the SOL is up on this debt. It says on my credit report DLA is October of 2009 on one of them and the other is June of 2009. Does anyone have any ideas to help me with this situation. Until I get these two removed, my dream of owning my own home again is SHOT. Thank you so much for any help you can give me.
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