What Is Exact Sol For Florida

What is the name of your state? fl

HI,
I CAN'T FIND THE EXACT DEFINITION FOR THE ONSET OF THE SOL IN FLORIDA--PLEASE HELP'
THANKS

[Ladynred]

SOL in FL is Four years.

Here's a link to the FL statute:
[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page13.html[/url]

The 'cause of action' in this case, is the last time you made a payment. This is pretty standard for most states.

OKAY, SO, LAST PAYMENT WAS OCTOBER 28, 1998 AND THAT CHECK DEPOSITED ON NOVEMBER 02, 1998-NOW,

A COMPLAINT WAS FILED AGAINST ME ON OCTOBER 30, 2002, TO SHOW UP IN PERSON AT LOCAL COURTHOUSE ON DECEMBER 10TH AT 2:30 IN SUCH AND SUCH ROOM FOR A PRE-TRIAL CONFERENCE

I WAS SERVED THIS SUMMONS ON NOVEMBER 30TH

IN CALCULATING THE DAYS FOR SOL, AND YOUR EARLIER ANSWER FOR SOL ---HAVE THEY REALLY CUT OFF MY FOUR YEARS FOR SOL?

[Ladynred]

I'm not sure about this complaint. If that qualifies as filing of the suit, then they may have just made it under the wire.

However, if its just the service of summons that counts, on Nov 30, then they MISSED the SOL by a month !! If its the summons date, you should be able to get out of this using the expired SOL as your defense. You have solid proof of when the last payment was made and when they put it in their banks, and they missed the boat by 28 days !!

Take copies of the FL statute with you to court.

Take copies of the Truth in Lending Act section that defines credit cards as open-ended accounts. They will probably try to say that a cc is a written contract .. NOT ! That's why you need to take this.

Take copies of your proof of the last payment date and the deposit date, but don't offer it unless asked.

I HAVE THE CANCELLED CHECK


THANK YOU, THANK YOU

LADYNRED

HOW CAN I QUALIFY FOR YOU ABOUT THIS COMPLAINT? AS TO YOUR FIRST ANSWER ABOVE?

[bigun]

I hate to say it, but I think they got you. If you last paid on 10/28/98 then, you weren't late until somewhere around 11/28/98.

Hi,
The summons says the Citibank closed my accpount on Decembere 11, 1998

[Ladynred]

Doesn't matter when Citi closed it, it matters when you last paid it and were first late before it was charged-off.

I AM SO CONFUSED ABOUT THIS ALL-CREDIT REPORTS DO NOT SHOW THIS ACCOUNT-ALL I HAVE IS THE CANCELED CHECK FROM NOV 2/1998 AND SUMMONS STATING THAT THEY CLOSED MY ACCOUNT DEC 11, 1998

THE ACCOUNT NUMBER IS RIGHT THAT IS IN THE SUMMONS AND I DID HAVE A CITIBANK VISA FOUR YEARS AGO

BUT I DON'T HAVE ANY OTHER INFORMATION ON WHEN OVERDUE, WHEN LATE AND SUCH

TOMORROW IS THE PRETRIAL CONFERENCE AT THE COURTHOUSEAT WHICH JUDGE WILL SEND ALL PARTIES TO MEDIATION WITH A TRAINED VOLUNTEER WHO WILL HELP THE PARTIES TO TRY TO SETTLE THE CASE

I AM REALLY CONFUSED ABOUT ALL THIS '
THANKS

[Ladynred]

One of your 3 credit reports should show a 'date of last activity' or DOLA. You can use that date to determine the start of the SOL.

Its too bad you didn't request validation of the debt as that would help you in this, but since you didn't you can't really use it now except to make sure they prove its yours and prove their dates.

Look at your CR's, look for that DOLA. You *might* still be able to use the SOL to get out of this.