Sol??

[sambabchip1]

Hi again, i just awoking a ca, now i need some more infor,. i had a account with a fcnb, last payment to them 10/16/02 i have their statements.

i have no contact with no one till now, because i want this done.

today i get a call from a co that is trying to collect, and thx to you all, i was very calm and ask him if they sent a dunning, he so on the 16.

he said the sol is 5 yrs in fl for CC. ???

but he demanded to make arrangements, (LOL ()untill i get the lettle , now i know that i will dv them, my question is are we sure that the sol in fl for collecting is 4 years.because if so the 16 of this month was 4 years sinve last payment. and they cannot sue me, to get the done should i offer something ? if they know the law and they can collect they will taks something for clear this.

thx

sam

[nascar]

Your decision on how to proceed will depend a lot on the response you get when you DV. See what they send you.

[sambabchip1]

but only question i have is , is the last payment on the account start the SOL?? I know nobody has any doc for this account. but the oc is on my report and they are out of bussiness.

i just want to be sure abiut the sol.

thx

sam

[CarolinaBlueEyes]

Florida has been four years and five years in some cases.. it can be either the last payment or DOLA (date of last activity depending on which is more recent)

Stay off the phone with CA... just hang up

[divemedic]

In Florida, as in most states, the SOL begins to run when the final element of a cause of action occurs.

In the case of a CC, the elements are as follows:

1 You enter into a contract to pay money in exchange for something of value

2 You receive something of value

3 You do not pay as agreed

That means if you go to Best Buy and get a TV on credit, and your first payment is due Sept 5, 2000, and you do not pay, the SOL would run out on Sept 5, 2004 at midnight. If the suit is not filed by then, the SOL has run and you have your defense.

[CarolinaBlueEyes]

Dive.. is florida SOL four years or five years... I have read both

[GreatGadsby]

supposedly CC's are 5, but store cards are 4.

[sambabchip1]

ok thx, for all infor, but still confused, say i made my last payment on 10/2/2002 which is current and the next payment was do 11/2 02 this one i didnt made is the sol started on my last payment or the missed payment??

ththx

sam

[E. Normis Debtor]

Lender cards are considered written instruments and 5 years in FL, unless they cannot produce the necessary writings. In which case they will be barred by the 4 year SOL for open accounts.

[Raysway]

...say i made my last payment on 10/2/2002 which is current and the next payment was do 11/2 02 this one i didnt made is the sol started on my last payment or the missed payment??

Missed payment...11/02/02. There would be no cause of action for a timely payment, which you did on 10/02/02.

[CarolinaBlueEyes]

Missed payment...11/02/02. There would be no cause of action for a timely payment, which you did on 10/02/02.

Love you ray but you are incorrect..

I did exhaustive research on this and two AG offices and even one JDB told me its the date of the last payment.. if you paid on March 20.. then the SOL runs out March 20.. not thirty days after.. I had to put this to the test recently when NCO tried to drag me to court. .I was out of SOL by two weeks.. the statutes stated It was the Date.. not after.. I also had this verified by the AG in PA (and NC).. since NCO is PA and even unifund confirmed this for me on another case. While there maybe a state exception to this rule from what I have been told its pretty standard across the board

[E. Normis Debtor]

Raysway is correct. SOL begins to run when a cause of action first accrues. Unless otherwise dictated by agreement or statute, that would typically be the date a payment was due, but wasn't made.....not the date of last activity or payment.

[sambabchip1]

but from what im reeding the sol starts at last

payment on

account , not last missed payment,??? i know im talking abouyt the same think but i need to be clear on this

thx

sam

[sambabchip1]

hey guys what the answer, im really time barred on this, maybe 2 or 3 days,

thx

sam

blue eyes are you correct,

sam

[E. Normis Debtor]

Last missed payment. They have no reason to sue you until you miss a payment. Thus the limitations period in which to sue (SOL) cannot start until you miss a payment.

[nascar]

Last missed payment. They have no reason to sue you until you miss a payment. Thus the limitations period in which to sue (SOL) cannot start until you miss a payment.

I would also expand that to include the possibility of a grace period incorporated into your agreement. Since the triggering factor is the accrual of a cause of action, the specific terms of the agreement may constitute exactly when that would occur, more so than the date of payment (or nonpayment) would.

[sambabchip1]

is blue eyes telling me differnet, didnt someonen on

this site

have this happen to them, if the last payment was 10-2-02 and no other payment was made, shoudn 10=-2-2006 be the 4 years or 11.2.06 is the sol

either way, i will send a dv this week and that we be 30 days more so that will push me of the 4 yrs, they can geta judgement while in the dv rirgt,

thx

sam

[divemedic]

Don't you people read the posts in the thread you are posting in? ONCE AGAIN

In Florida, as in most states, the SOL begins to run when the final element of a cause of action occurs.

In the case of a CC, the elements are as follows:

1 You enter into a contract to pay money in exchange for something of value

2 You receive something of value

3 You do not pay as agreed

That means if you go to Best Buy and get a TV on credit, and your first payment is due Sept 5, 2000, and you do not pay, the SOL would run out on Sept 5, 2004 at midnight. If the suit is not filed by then, the SOL has run and you have your defense.

In the example in the last post, the SOL would begin on 11-2, the date the last element of the cause of action accrued.

[sambabchip1]

but im getting different answers, blueeys said she did this before and even asked AG and debt collecers aout this issue, iand i can see this goes back an forth alot,

but i still dont j=have a good answer, we looking at 30 days differnec, i have 30 days worth in the dv period so i still may not be sued, but i will like for sure infor.

i mean will the cam rush to file. if im out of sol i could geta better sttle ment if i needed to pay.

?????

[sambabchip1]

but the yard work and beers are starting to take me over, but i so addicked to fixing this. i v=cant stop.....

[nascar]

Don't you people read the posts in the thread you are posting in? ONCE AGAIN

Dive, unless you're sitting on the Supreme Court and we don't know it, you need to stop acting like you do. You are not entirely correct.

There are plenty of contracts out there where in the boilerplate text of the contract it clearly states that no cause of action shall accrue until certain terms are met. Example, activation of escalation clause. There is no statutory definition stating that a cause of action accrues upon missed payment. The determining factor is contingent upon the terms of the specific agreement.

Stop taking yourself so seriously.

[divemedic]

You know what, you are right. I guess we should just stop giving advice, until that supreme court nimination comes through.

[divemedic]

OH, by the way- I don't need to be on the supreme court to read a statute:

95.031 Computation of time.--Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues.

from dictionary.law.com :

cause of action n. the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute. Examples: to have a cause of action for breach of contract there must have been an offer of acceptance;<snip> and in all cases there must be a connection between the acts of the defendant and damages. In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.

Also, contracts cannot shorten the SOL:

95.03 Contracts shortening time.--Any provision in a contract fixing the period of time within which an action arising out of the contract may be begun at a time less than that provided by the applicable statute of limitations is void.

[nascar]

OH, by the way- I don't need to be on the supreme court to read a statute:

I have no doubt you can read a statute but you need to understand the concept of currency. The caselaw explaining and expanding upon an older written statute essentially takes the place of and is more persuasive than the statute itself. An example,

Collections, USA, Inc, v. City of Homestead, 816 So, 2d 1225, Fla.App 3 Dist., 2002

A cause of action accrues when the last element constituting the cause of action occurs. §95.031(1), Fla Stat. In a claim for breach of contract, the elements are the existence of a contract, a breach thereof and damages, AIB Mortgage Co. v. Sweeney, 687 So. 2d 68, 69 (Fla. 3d DCA 1997), the action accrues at the time the contract is breached. See State Farm Mut. Auto. Ins. Co. v. Lee, 678 So. 2d 818, 821 (Fla, 1996).

Since this opinion expands on the older 95.031, it actually carries more weight than the statute itself. Now, if the caselaw were to be codified, the new version of the statute would again control until replaced again by new caselaw.

Also, you shouldn't quote dictionaries when you're trying to make a legal point. It shows inexperience.

[divemedic]

Thank you for proving my point- the cause of action accrues when the breach occurs, and the case you quoted states that the cause of action accrues when the contract is breached.

Since the last payment made is not a breach, but the first payment being missed IS, then the SOL begins to run when the first payment is missed.

I included the definition of cause of action for those members who may not know what that means.

Your posts are bordering on inflammatory, and name calling. Please be careful with the insults, we try to keep the board friendly.