Chammie218 Posted March 11, 2005 Report Share Posted March 11, 2005 Sheriff delivered a letter to me yesterday, stating I have 20 days to send a letter to the clerk of court and to the collection attorney.Not sure what to write.Think the SOL is 4 years on a credit card, can't get any definite answer from Attorney General.Haven't sent a payment since Dec 2000. Tried to keep up, always paid on time, and more then the lowest payment, but they kept raising the interest.Need HELP PLEASE!!!!! Link to comment Share on other sites More sharing options...
divemedic Posted March 11, 2005 Report Share Posted March 11, 2005 Gve account details, county etc. Funny thing, we just had a lengthy debate on this. Link to comment Share on other sites More sharing options...
amyjade Posted March 11, 2005 Report Share Posted March 11, 2005 what is the sol in florida? Link to comment Share on other sites More sharing options...
Chammie218 Posted March 11, 2005 Author Report Share Posted March 11, 2005 Last payment made Dec 2000, owe app 11,000.00.County--PutnamHave 20 days to send letter to clerk and to collection attorney.Had credit account for many years, never paid late, always paid over minimum payment, credit card was in my name only, husband's company shut down, and unfortunately used card to live.Near the time I stopped paying I called them every month asking for help, the interest kept going up practically every month, I couldn't get ahead of the interest. Link to comment Share on other sites More sharing options...
Chammie218 Posted March 11, 2005 Author Report Share Posted March 11, 2005 Almost positive that the SOL is 4 years, just can't find a good resource for the info Link to comment Share on other sites More sharing options...
Sultan Posted March 11, 2005 Report Share Posted March 11, 2005 http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml Link to comment Share on other sites More sharing options...
momof5 Posted March 13, 2005 Report Share Posted March 13, 2005 Florida SOL *IS* 4 years.... and for those of us who moved here from SC (SOL of 3 years) Florida law will not allow a creditor to sue here for a debt that is SOL there! Link to comment Share on other sites More sharing options...
momof5 Posted March 13, 2005 Report Share Posted March 13, 2005 Florida SOL *IS* 4 years.... and for those of us who moved here from SC (SOL of 3 years) Florida law will not allow a creditor to sue here for a debt that is SOL there! Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 Chammie218,Write the letter like this:===================================Your NameYour Address DateCollector's NameCollector's Address Dear Collector, I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about a certain debt that you are attempting to collect. I have checked with my State Attorney General and verified that the legal Statute of Limitations for collecting this type of debt in (insert your state) has expired. Now that you know I am aware of my rights in this matter, consider this letter as my official notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this matter except to advise me, via official mail only that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by law. Be advised that should you decide to pursue this matter in court, I will invoke my rights and use the "expired statute of limitations" as my defense. Additionally, I must advise you that I am keeping careful records of all correspondence concerning this matter including a recording all phone calls. Your Signature Above NamePrinted Name ================================P Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 Chammie218,Write the letter like this:===================================Your NameYour Address DateCollector's NameCollector's Address Dear Collector, I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about a certain debt that you are attempting to collect. I have checked with my State Attorney General and verified that the legal Statute of Limitations for collecting this type of debt in (insert your state) has expired. Now that you know I am aware of my rights in this matter, consider this letter as my official notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this matter except to advise me, via official mail only that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by law. Be advised that should you decide to pursue this matter in court, I will invoke my rights and use the "expired statute of limitations" as my defense. Additionally, I must advise you that I am keeping careful records of all correspondence concerning this matter including a recording all phone calls. Your Signature Above NamePrinted Name ================================P Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 (Found on another website)"IMPORTANT NOTE: It's not illegal for collectors to attempt the collection of old debts (unless they were discharged in bankruptcy) so be advised that collectors can still take you to court. Only if you meet state's qualifying criteria AND you raise the "Expired Statute of Limitations" defense, will the judge dismiss the case. Even though the statute of limitations expired, many debt collectors will still file in court and hope that you fail to show up thus giving them a Default Judgement. That's why you must appear in court! Disputing collections when the statute of limitations has expired requires a written record of your actions therefore it's important to send an "Expired SoL Letter" right away to inform the collector that you are aware of the expired SoL defense and, if the collector pursues court collection efforts, you will use it as your defense...and win! Unless you inform the person trying to collect the debt that the statute of limitations has expired, or bring it up during a court appearance, the collector stands a good chance of winning a judgment against you." Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 (Found on another website)"IMPORTANT NOTE: It's not illegal for collectors to attempt the collection of old debts (unless they were discharged in bankruptcy) so be advised that collectors can still take you to court. Only if you meet state's qualifying criteria AND you raise the "Expired Statute of Limitations" defense, will the judge dismiss the case. Even though the statute of limitations expired, many debt collectors will still file in court and hope that you fail to show up thus giving them a Default Judgement. That's why you must appear in court! Disputing collections when the statute of limitations has expired requires a written record of your actions therefore it's important to send an "Expired SoL Letter" right away to inform the collector that you are aware of the expired SoL defense and, if the collector pursues court collection efforts, you will use it as your defense...and win! Unless you inform the person trying to collect the debt that the statute of limitations has expired, or bring it up during a court appearance, the collector stands a good chance of winning a judgment against you." Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 Just remember to send all correspondence REGISTERED, RETURN RECEIPT, and if you need it to get there right away, send it PRIORITY or EXPRESS, REGISTERED, RETURN RECEIPT. Yes it will cost about $15-20 bucks, but it's worth it.Keep impeccable records.If they take you to court, don't say anything else but THE SOL HAS EXPIRED.Case dismissed. Link to comment Share on other sites More sharing options...
pford Posted March 13, 2005 Report Share Posted March 13, 2005 Just remember to send all correspondence REGISTERED, RETURN RECEIPT, and if you need it to get there right away, send it PRIORITY or EXPRESS, REGISTERED, RETURN RECEIPT. Yes it will cost about $15-20 bucks, but it's worth it.Keep impeccable records.If they take you to court, don't say anything else but THE SOL HAS EXPIRED.Case dismissed. Link to comment Share on other sites More sharing options...
wert Posted March 14, 2005 Report Share Posted March 14, 2005 yep, four yearsI beat an out of state collection agency because of the Florida SOL... Link to comment Share on other sites More sharing options...
wert Posted March 14, 2005 Report Share Posted March 14, 2005 yep, four yearsI beat an out of state collection agency because of the Florida SOL... Link to comment Share on other sites More sharing options...
fl-allycat Posted March 14, 2005 Report Share Posted March 14, 2005 Thanks for the posting the letter format on and sol reply for the ca. i've been searching this site for a week. it will be of much help. the sol on this card has been up now for 5 years, its even been removed from the credit reports, because the 7 years for it to be reported is up.So once again thanks for the info, will keep you posted on the outcome... Link to comment Share on other sites More sharing options...
fl-allycat Posted March 14, 2005 Report Share Posted March 14, 2005 Thanks for the posting the letter format on and sol reply for the ca. i've been searching this site for a week. it will be of much help. the sol on this card has been up now for 5 years, its even been removed from the credit reports, because the 7 years for it to be reported is up.So once again thanks for the info, will keep you posted on the outcome... Link to comment Share on other sites More sharing options...
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