Judgment/Sol

[Kanchazi]

What is the name of your state? Fl

Asset Acceptance filed a complaint/summons on 12/26/06 for a credit card debt.
On my credit report it shows date of last activity for that CC was on 11/2001.
Which is 5 yrs. & 1 month. Do I have a SOL defense and where or how do I defend it.

Thank You in advance

 

[TigerD]

Nope. They beat the wire by 5 days.

DC

 

[Kanchazi]

judgment/sol

So you are saying if the date of last activity would of been jan./2001.
they would have till dec 31 2006, which would make it 5 yrs and 11 mos.
So its not 5 yrs from actual date?

Thanks again

 

[Debt Guy]

I am not a FL expert. If you want answers you can take to the bank, stop asking strangers on the internet and go hire a local attorney.

It is a common misunderstand that sol begins to run from the date of last payment. In most states the sol begins to run from the "date of default" or "date of first harm". Logically, 99 times of 100 the date of first harm is 30 days after the date of last payment. Think about it for a second, when did the account become delinquent? When you missed that first payment due is the logical answer -- not when you last made a payment as required by the contract.

That is why DC gave you the answer he did. With only the facts you have described, my inclination is to agree with DC that the creditor beat the deadline just barely.

If you think the debt is out of statute, then you need to file an answer to the lawsuit and assert that the debt is OOS and demand that the creditor prove the sol has not expired. You also should be prepared to explain to the judge why the debt is sol and be prepared to cite the FL statue you rely on for that opinion.

Now, to complicate matters. If the original debt was a department store charge card, then it is an open account -- which has a 4 year sol. There are people who argue that a bank credit card is an open account and subject to the shorter sol. Judges usually do not buy that argument and last I heard FL judges were not seeing a bank credit card as an open account.​

 

[TigerD]

So you are saying if the date of last activity would of been jan./2001.
they would have till dec 31 2006, which would make it 5 yrs and 11 mos.
So its not 5 yrs from actual date?

Thanks again

It isn't past due for one month, therefore the end of Dec.

 

[megabux]

YOU ARE SOL!