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SOL Question


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My brother has not learned from his sister and has had creditors crawling out of the woodwork. Most of this is old debt. He has been paying some partial payments to attempt to clear the debt.

There is one account that I am sure was past the SOL. Like an idiot he gave them a partial payment.

Did he reset the clock in Florida for making a partial payment to them? I can provide more details if you need it.

Need help if someone can...he doesnt know whether to try to pay them or file a BK. I am going to get a look at his reports asap to help him.

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The statue of limitations for Florida is 5 yrs. for written contracts and promissory notes, 4 yrs. for oral contracts and open ended accounts. Credit card payments are open ended accounts. Florida is one of the states that payment only does not restart the SOL. The SOL is started only by a written new promise to pay. ::linedancers::

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The statue of limitations for Florida is 5 yrs. for written contracts and promissory notes, 4 yrs. for oral contracts and open ended accounts. Credit card payments are open ended accounts. Florida is one of the states that payment only does not restart the SOL. The SOL is started only by a written new promise to pay. ::linedancers::

Do you know if in California payment or promise to pay restarts the SOL?

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California is just like Florida. Only a written new promise to pay resets the SOL. 8-)

Well shoot....I may have screwed up. In 2005 (obviously before I found this board) I was trying to settle old debts. One was with Arrow Financial. I never agreed to anything but was attempting to work things out. Does that mean it started it over?

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Ok Great!

He had someone show up (I think posing) as a process server, he thought he was going to court and ended up at an attorney's office. This was for Discover card and in that case he did sign some type of promise to pay. In that case he may have screwed himself.

The post above was for Circuit City and he was pressured into making a payment by phone for 100.00. He was about to send them 800 more before he contemplated should he just do a BK. I cautioned him against the BK until I could see whos in SOL and whos not.

Anyone in Florida sure on Circuit City he did not restart SOL.

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Hang on there. In many states all you have to do is pay with a check SIGNED BY YOU and that constitutes the 'promise to pay in writing'. FL Statute says:

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.

It says nothing about any written agreement or other signatures, all it says is that YOU have to be the signatory.

The 4 year SOL in FL applies to STORE CARDS only, and there is recent case law to support that. All other CREDIT CARDS are ruled to be written contracts and fall under the 5 year SOL.

If there's any doubt, go by the 5 year SOL, once you're past that, you're home free regardless -- unless you make payment !

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