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sol - violation

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I have read about the sol and well i think i have one that is attempting to collect via mail after it expired. According to my Equifax report the "Date of 1st Delinquency is 10/2001"...The SOL in Mississippi is 3 years for an open contract as well as a written contract. I now live in Florida and received a letter from them, no doubt becasue I disputed it with Equifax. Am I right in saying that they have violated the SOL, and what are my options? deletion? Thanks again to everyone here....

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Florida Statutes:

"559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:

(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;"

Attempting to collect a debt time barred by statute is an attempt to assert a legal right which does not exist and is a violation of Florida Statutes. Unfortunately, Florida is extremely weak on enforcement when it comes to illegal practices of debt collectors.

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Just a thought here. Nobody "enforces" an SOL. If you're sued, you can use the SOL as a defense, but nobody's going to go get these people because they're trying to collect. In Florida, you might...repeat...might be able to bring a suit against them for trying to collect...but...I'd bet that's a tough case to win.

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Sounds similar to mine...

I moved here from AZ and its 3 yrs there....FL is 4 yrs for open accts, 5 yrs for written. No doubt they will try to say its 5 yr written contract, except I will not only be using the SOL defense but also the title 8 chapter 95.10 defense which bars them from maintaining a time-expired acct from another state which is a statute in FL.

Another note...I found this to be funny. The papers they sent me which included a last statement on the acct included a terms & agreement which I assume they are claiming is part of my acct. The problem is it doesnt match the percentage rate on my statement, but the funny part is that in the agreement, it says...

NO MATTER WHERE I LIVE OR ENTERED INTO IT, THE STATE OF NH LAWS ARE APPLIED....lol

NH laws are 3 yrs for both open and written contracts....talk about shooting themselves in the foot. Oh well, it will be amusing in court. I will come back here once this is over and let everyone know how it turns out. Maybe my case can be used for others who have a similar case with FL laws concerning accts that orginated out of state but were tried here after a move. I have plenty of definitions of open end accts and my credit report lists these acct as revolving or open..not written. If the case is drawn towards written, then I will argue that I need to first see whether it was mine and show proof, then ask to see how they ended up with it and their proof of ownership with receipts, how much they paid for it which would be all they are entitled to but in the end, I will exercise my absolute defense of expired SOL. Whether AZ or NH where it is 3 yrs....and if in FL, use the 95.10 statute.....

have a good day

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I am not sure this is the right forum,but i have a question and it pertains to a CC debt that is null after 3 years in the state of Az. My parents got a letter from Asset Acceptance LLC for a CC that I never paid on. This card I had back in 99, the 3 years has way past and they continue to send my parents these letters. This is probably like the 3rd one they received. I never lived with my parents at the address where the letter was sent. Should I send a C&D letter informing them its time barred? This seems to be the proper step handling this problem.

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If I am not mistaken, its a violation for them to be sending letters to your parents for collection of an acct you owed....i would send a C&D letter and save all letters from before and afterwards....if they continue, ask for legal advice on sueing them for violations. ASSET is trying to collect on my wifes acct in AZ now that we live in FL but it has expired in both AZ and FL....they will try and hope we dont fight it and win in default...that is why ppl know them as ASSet....lol

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