Old debt, new collections effort: SOL?

[TAB4]

What is the name of your state? Florida

I have read various posts with questions similar to mine, but I am still unclear about the statute of limitations on credit card debt. I was divorced in 1998 and because I was a graduate student at the time and earning about 800 a month, I stopped paying on a lot of things. Anyway, my wages are already being garnished for a student loan (which my ex is SUPPOSED to be paying off too--but that's another legal issue). I recently got a call about a credit card debt. I got the card in Pennsylvania in 1989. I moved several times (to TN, NY, and then FL in 1997). I paid on the card until 1998. I have not heard anything from collections until recently. Now they are saying that b/c of interest charges, the debt is 13,000. I do not have anywhere close to that kind of money. Previous posts talked about the SOL being "tolled" if a person moved. Does that apply in my case since I paid on the card for over a year while living in my current state? What is the SOL in FL? Do I need an attorney? I'm already looking for one to deal with my ex-husband's lack of child support and other financial obligations. This is not a debt that my ex was obligated to pay under our settlement, and I can't afford 2 retainer fees (I barely have enough for 1). I appreciate any advice!

[Debt Guy]

There is no clear bright line that answers your question.

Whether or not the SOL tolled depends on the laws of the particular state and you have at least 4 involved. Also, some states have a "borrowing" statute that essentially prevents you from using the shorter SOL of your current state.

Unless you are willing to put in a lot of effort to research this yourself, or hire someone to do it for you -- well, you get the point. I don't think there is anyone who follows these boards who has the required depth of knowledge in each of the states involved to just toss off an answer.

In your case, you essentially have two options.

The first is to try to make some sort of deal to settle the debt in a lump sum or to work out a payment plan that is mutually agreeable.

The second is to suck it up and try to tough it out. When you are sued, you will file a response that the debt is time barred under FL law (assuming it is time barred under the 5 year SOL for written agreements -- don't fall for the BS argument that a credit card is an open account subject to the 4 year SOL). Then, you keep your fingers crossed that the plaintiffs attorney is too dumb to try to sell the judge this complicated story about crossing state lines. If so, you just stand your ground and hope the judge has a hangover and does not want to hurt his/her head by thinking about it.