Florida SOL?

[JaimieRFL]

What is the name of your state? Florida


My husband was just served with a summons for a Pretrial Conference for an old credit card debt. The summons includes an account statement from the CA that lists the last payment date in June of 2000. Has the SOL in this case expired? If so, what does he need to present (what documentation, if any) at the conference in his defense? Thanks in advance!

[Ladynred]

Does he have any proof of a last payment date at all ? The SOL on credit cards in FL is 4 years starting from the first delinquency that preceeded charge-off. He needs to check his credit reports and any records he may have to find out what that date is. It would appear on the surface that the SOL ran out earlier this year. He would need to bring that up and have some proof.

[JaimieRFL]

The only thing we have at the moment is the statement from the collection agency that lists the last payment as 6/24/00. Should that suffice? If not, we should be able to get something else together before the conference. Thanks!

[Ladynred]

Frankly I would NOT trust anything sent to you by a collection agency, their records are full of holes and they want you to pay up. Get a copy of his credit reports from all 3 bureaus, Equifax is the one most likely to show the date that you need = 'date of last activity' - 30 days from that date would be when the account went into default.

[JaimieRFL]

OK, I had him print his credit report. It lists the last payment date the same as the statement they sent him, June 2000. So, do I just have him bring that to the conference to prove SOL has expired? What happens then?

[Ladynred]

That should be sufficient. He needs to make sure he asserts that the SOL HAS expired this past July. As long as the lawsuit was filed AFTER that, then he should be OK. However, be aware that there are many anti-consumer judges in FL who are upholding a collector's claim that a credit card is a written contract and will claim the SOL is FIVE years and not 4. He will need to take a copy of the Truth in Lending Act that defines credit cards as open-ended agreements and NOT written contracts.

[JaimieRFL]

However, be aware that there are many anti-consumer judges in FL who are upholding a collector's claim that a credit card is a written contract and will claim the SOL is FIVE years and not 4. He will need to take a copy of the Truth in Lending Act that defines credit cards as open-ended agreements and NOT written contracts.
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Already printed the Truth in Lending Act up for him to take! Also, under the Type of Account heading on the report he printed, it actually lists it as 'open'. Thank you so much for your help. He is feeling much better about this conference now!