Florida SOL and more

[weiss613]

What is the name of your state? Florida

Here is a major tip!

"ALSO, there is one other thing that helps you. Delaware is usually the CC capitol for cc's. If that is the case, then via venue choice, Delaware has a 3 yr statute and therefore their debt will not be honored in FL."

I just discovered this myself only yesterday and according to an attorney I spoke with he said that if the credit agreement has a clause that says the agreement is based upon "applicable law in "our state" eg a state other than Florida, then one could probably could use the other states' SOL rather than Florida's if it is shorter. About 3/4's of my cc debt has a shorter SOL than Florida. ( I now understand why Florida's is 5 yrs.) This ability to use the other states' SOL is actually in a Florida statute.

95.10 Cause of action arising in another state.--When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.

The reason why I now know it's impossible to fight the 5 year SOL in Florida is the Florida statute has been defined to me by 4 great attorneys that the credit card application is a written instrument and therefore the application is a contract and it is in writing and only one party has to sign it to make it valid. The statute could have said written contract or legal contract or written agreement but chose to say written instrument which is the broadest interpretation which would include all and anything written as apposed to oral. Florida's statute itself is very vague when one tries to say that a store account is the same kind of account as a revolving charge card.(open account) I think the store account they are talking about is a builder going into his supplier and getting his goods and then he gets billed for them. I don't now think it even has to do with a department store charge account as for that there would be an application-written instrument. Unfortunately and fortunately for Florida residents such as myself, the credit info boards have given us false hope by listing Florida's SOL at 4 years. But in my case, it led to tremendous research and knowledge which I humbly thank all those out there in credit-bankruptcy message land!
My bottom line on the heart of the issue is that the statute as written is no help to those of us with cc debt whether it is the 4 or 5 year description because we are "cut off at the pass" by the super broad term written instrument and no mention of credit cards or open accounts. It seems the best we've got going is the shorter SOL we might get if the original charge card agreement mentions that the agreement (says Applicable or Governing law) is based upon a different state that does in fact have a shorter SOL.