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Statute of Limitations on credit card debt in Florida?

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Niddits76

Guest
Urgent!!! Being Sued!!! Statute of Limitations on credit card debt in Florida?

What is the name of your state? Florida.
I was served a summons yesterday morning. I am being sued by a company that bought my old Citibank account that was charged off. My credit report states that the last date of activity was in September 1999. I thought that the SOL for open accounts in Florida was 4 years, but my attorney says that this account is based on a written contract, and therefore is under a 5 year SOL. Every place I have looked states that a credit card account is an open-end account! To make matters worse, I am getting married in 16 days out of state, and leaving for the wedding in 2 days! I won't even be home when they want me to appear for the pre-trial conference. I requested to have it rescheduled, but I haven't heard anything yet. I may not find out until I'm away preparing for my wedding. So what should I do? If the SOL for credit cards is indeed 4 years in FL, then it's run out. It would have run out last year. Is there a specific law I should look at here? My lawyer said he would research it more, but as it stands, it looks like 5 years! I don't get it. If the SOL hasn't passed, what should I do next? Should I settle? Any help would be EXTREMELY appreciated. I am DESPERATE, and I am scared!!!!!!
 
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Tayla

Member
Credit cards are considered: "Open ended accounts" The state of Florida has a Four year SOL on these. Tsk! tsk !on your attorneys' lack of precision & knowledge on this matter.
 

Ladynred

Senior Member
You need to refer your lawyer to the Truth in Lending Act - it clearly defines a credit card as an open-ended account - NOT a written contract !
 

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