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Does Florida SOL on credit card debt suspend when you leave state and restart when you return?

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kingpop

New member
So I'm finding contradictory information regarding this on the internet.
Here it says that yes, the SOL will be restarted once you get back to the state
The Florida SOL will also be suspended any time that you leave the state and will restart when you return.
(Link removed)/
Here it says that all is fine and dandy,
(Link removed)

Which one is it? Someone please help me out here. Thanks.

P.S: I don't know if it matters but when I move back to the U.S (I had moved abroad), I will not move back to Florida where I incurred the debt.
 


Zigner

Senior Member, Non-Attorney
So I'm finding contradictory information regarding this on the internet.
Here it says that yes, the SOL will be restarted once you get back to the state
<link removed>

Here it says that all is fine and dandy,
<link removed>

Which one is it? Someone please help me out here. Thanks.

P.S: I don't know if it matters but when I move back to the U.S (I had moved abroad), I will not move back to Florida where I incurred the debt.
The posting of the links is not allowed in this forum. I would suggest that you speak with an attorney to review the matter.
 

quincy

Senior Member
There are several factors considered when determining whether or not a statute of limitations on a debt will be tolled. Specific facts of the debt matter. For specifics, you need to see an attorney in your area for an analysis.
 

Taxing Matters

Overtaxed Member
For all Florida statutes of limitations (SOL) except those relating to adverse possession the rule in Florida is that the SOL is tolled for the time that the defendant is outside the state. See Florida Statute section 95.01. However, the SOL is not tolled if it was possible to properly serve the defendant even while the defendant was outside the state. It is likely, however, that you could not have been properly served while you were outside the U.S.

Note that it matters in what state the creditor sues you, too as well as what the terms of the contract you had with the creditor says about the governing law, if anything. If the lawsuit is filed against you in a state other than Florida, that state will look to its own law to determine the SOL. The extent to which that other state would apply Florida's SOL laws when the debt originated there varies from state to state.
 

quincy

Senior Member
This same question was asked the other day (but about a different state). The same answer given the other poster can be given to you, kingpop.

You have the date of default, the statute of limitations, possible tolling of the statute of limitations, borrowing statutes if the debt was incurred in one state but paid to another ... the specifics of the debt matters.

You need to sit down with an attorney in your area if you are sued and/or if you hope to use the statute of limitations as a defense to the suit.
 

kingpop

New member
For all Florida statutes of limitations (SOL) except those relating to adverse possession the rule in Florida is that the SOL is tolled for the time that the defendant is outside the state. See Florida Statute section 95.01. However, the SOL is not tolled if it was possible to properly serve the defendant even while the defendant was outside the state. It is likely, however, that you could not have been properly served while you were outside the U.S.

Note that it matters in what state the creditor sues you, too as well as what the terms of the contract you had with the creditor says about the governing law, if anything. If the lawsuit is filed against you in a state other than Florida, that state will look to its own law to determine the SOL. The extent to which that other state would apply Florida's SOL laws when the debt originated there varies from state to state.
Thank you. Let me ask you, how would the creditors find out I moved state?
 

quincy

Senior Member
Thank you. Let me ask you, how would the creditors find out I moved state?
It is often not difficult to locate people who have moved. People leave trails behind them (paper trails, social media trails, employment trails ...).
 

Zigner

Senior Member, Non-Attorney
There is a certain large pseudo-religious organization of which it's said that, once you're on their mailing list, you can never get off. It doesn't matter if you move, change addresses, cut off all contact with the world, or even die...
 

quincy

Senior Member
There is a certain large pseudo-religious organization of which it's said that, once you're on their mailing list, you can never get off. It doesn't matter if you move, change addresses, cut off all contact with the world, or even die...
There are MANY mailing lists like that, especially mailing lists you manage to get on because you contributed dollars once to some charitable cause. The charities track you down and chase you forever, hoping you have more dollars to give.
 

PayrollHRGuy

Senior Member
As a joke, someone once donated to a very liberal organization in my name when I was in my mid-twenties. Ten bucks if I remember correctly. I'm now 57 and have lived at 4 different addresses.

I still get at least four pieces of mail from them each year and way more during a Presidential election cycle. They have spent WAY over $10 sending me this stuff so it doesn't upset me.
 

quincy

Senior Member
As a joke, someone once donated to a very liberal organization in my name when I was in my mid-twenties. Ten bucks if I remember correctly. I'm now 57 and have lived at 4 different addresses.

I still get at least four pieces of mail from them each year and way more during a Presidential election cycle. They have spent WAY over $10 sending me this stuff so it doesn't upset me.
I bought a tee shirt once at a fundraiser years ago and I still get thank you letters for my "generous" contribution - along with a request for an additional contribution.

If anyone ever wants to track someone down, they should use whoever it is these charitable organizations use.
 

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