fsudrsax Posted February 26, 2005 Report Posted February 26, 2005 Hi All,I had a credit card dispute a few years back that resulted in the account being charged off and sent to collections.In 2002 a CA law firm from Ft. Lauderdale filed suit on the account in County court. I responded to the complaint and they basically did nothing. After almost a whole year, they took a voluntary dismissal without prejudice. They never even did any discovery. This was a debt which had been transferred so many times I suspect they can't prove it was ever mine.Last week I got a letter from another CA, this one in the name of a second (different) credit card company again trying to collect the debt. Apparently the original account has been sold yet again. Neither of the credit card companies are the one with which I originally had an account. The statute runs in about a year. I've prepared a demand for validation letter which I haven't sent yet. I seek a little advice first.Does the fact that they've already filed suit once affect the SOL on this debt?Should I handle this by going the standard "validation" route and just run out the clock? By math the SOL will pass in about 15 months and then I don't have to worry about it.Thanks in advance for your help!
divemedic Posted February 26, 2005 Report Posted February 26, 2005 No, SOL is not affected by the previous suit. DV, and do it before the 30 days are up. You are in good shape here to fight this.I assume you are in Florida
radarbeam Posted March 2, 2005 Report Posted March 2, 2005 Are you assuming a 5 year SoL?Why DV if the debt is not passed SoL?That could invite a lawsuit. You would not be able to prove a SoL defense.
radarbeam Posted March 3, 2005 Report Posted March 3, 2005 You are in good shape here to fight this. I assume you are in FloridaWhat does it take to be in good shape to fight this in Florida?
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