I was contacted by a company that claimed that they were retained by a firm in the network of attorneys to locate and notify me that there are 2 civil complaints against me for a payday loan for about $300.00 that I never repaid.
The charges are failure to pay the outstanding debt and intent to defraud. I assume that the fraud charges are a result of the credit union closing my account due to excessive overdrafts right around the time that the company would have drafted the payment from my account. The person I spoke to claimed that the loan was from 2005, however I am certain that it was no later than early 2004 because I was living in Florida at the time of the loan and moved to South Carolina mid 2004. The statute of limitation in Florida is 5 years so it would have already expired.
I would like to know which of the 2 states statute of limitation applies to the debt since I was living in Florida at the time of the loan or would the SC statute apply since it is the state I now reside in and is where they want to file the suit.
The written contract SOL for Florida is indeed 5 years HOWEVER it tolls when you leave the state, so if you moved from Florida before the 5 years was up, you won't be able to assert SOL expiration. The start date of the SOL time is the first time they bill you after you borrow the money (last time you used the credit card, etc..).
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