RockDaddy Posted February 26, 2012 Report Share Posted February 26, 2012 (edited) I have a CA question regarding Statue of Limitations in Florida.In June 2007, I rented a place in Florida.In late December 2007, gave 30+ day notice that I needed to vacate on Jan 31st, 2008 to tend to my mother, who was ill and in hospital in Boston.I made a final payment on January 1st, 2008 and vacated by Feb 1st, 2008.I went back and forth with the management company with a bunch of emails - they claimed that I didn't give notice, or rather, that my notice wasn't in their file. The specific gal that took my written notice was *fired* around the time we gave notice. So maybe she filed it, but in the *round* file, or trash, without properly recording it.In June, 2008, (technically the *end* of my full year rental period) the management company turned the account over to a CA, citing that I refused to pay, which I did. The CA as well as the Management Company *both* put it on my Credit Report as delinquent, where it remains, but I'm wanting to clear it off.Wondering which date would be used for SOL?I know that a written contract is 5 years in Florida.I know that an oral contract is 4 years in Florida.I believe it's 30 days after my last scheduled payment (like a Credit Card), which was Jan 1st, 2008. The OC has it listed as reported, June 2008, so I'm wondering which is the corrct date to use to calculate the SOL?As far as I know, the OC still owns the debt, they didn't sell it. The CA is just collecting on behalf of the Realty Management Company.Oh and can the CA "re-age" the debt, to increase the SOL?Thanks....-RD Edited February 26, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
RockDaddy Posted February 28, 2012 Author Report Share Posted February 28, 2012 Can no one offer an opinion on this?If it is just plain and simple SOL contract law will someone just confirm that.I cannot find SOL that deals with rental contracts and I would like to clear this up, either with a pay to delete or another offer based on if it is coming up to be cleared of my CR in 11 months.Thanks for any help. Link to comment Share on other sites More sharing options...
1stStep Posted February 28, 2012 Report Share Posted February 28, 2012 If the debt is reaged, then you've got an FCRA violation (and an FDCPA one if it was a CA that did it). Link to comment Share on other sites More sharing options...
RockDaddy Posted February 28, 2012 Author Report Share Posted February 28, 2012 (edited) If the debt is reaged, then you've got an FCRA violation (and an FDCPA one if it was a CA that did it).1st Step,I appreciate you posting. I pulled my CR in Jan 2011 and this debt was on it and it said under Status Details: This account is scheduled to continue on record until November 2013, which would be around the 5 year SOL. (t's a debt from 2008)Now, having just pulled my CR again, it appears that this has been reported in Jan 2012 (recently) and now the Status Details say: This account is scheduled to continue on record until November 2015, essentially *adding* TWO extra years, which vexed me.Does this recent Jan 2012 *reporting* constitute the CA re-aging the debt? And btw - I have it as the OC on one reporting as above on TransUnion, and the CA reporting as above to Experian.If so, what do you suggest? A letter telling them to pound sand? C&D? Or a plain lawsuit. I had also thought to offer them a Pay to Delete. The amount is $1565.Thanks,-RD Edited February 28, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
1stStep Posted February 28, 2012 Report Share Posted February 28, 2012 A negative account can be reported to the CRAs for up to 7.5 years...I think you've got that mixed up with the legal SOL - a defense to a lawsuit. Link to comment Share on other sites More sharing options...
RockDaddy Posted February 28, 2012 Author Report Share Posted February 28, 2012 A negative account can be reported to the CRAs for up to 7.5 years...I think you've got that mixed up with the legal SOL - a defense to a lawsuit.Ah *lightbulb* moment - of course I do have it mixed up. 7.5 years from *what* date, date of last default, or the date from when *they* reported it?Also - Contract SOL in FL is 5 years, so I'm trying to calculate the date, is that date also calculated from my date of last default or when they reported.It's over a lease that I had to break but gave proper notice to do. I can't see this as a big FICO killer, yet, seeing it there has been bugging me.I appreciate your helping me think clearly on this.Maybe I just pay to delete if they'll do that.-RD Link to comment Share on other sites More sharing options...
TomnTex Posted February 28, 2012 Report Share Posted February 28, 2012 I belive it's from the time you made your last payment. The longer the time from default on account the better you are. It will be on your record, but won't hurt your credit as bad. Link to comment Share on other sites More sharing options...
RockDaddy Posted February 28, 2012 Author Report Share Posted February 28, 2012 (edited) Thanks for the advice here.I know that Real Estate / Landlord stuff isn't a hot topic, but I appreciate the advice, especially since it's on my Credit Report...-RD Edited March 10, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
Recommended Posts