Statute Oflimitations

[WHOKNOWS]

CALIFORNIA
What is the statue of Limitations on Credit Card debt in Florida and California?
When the statute of limitations expires do Collection Agencies who purchase accounts have rights?

 

[Ladynred]

What is the statue of Limitations on Credit Card debt in Florida and California?

CA=4 years, FL = 5 but if you leave either state the SOL is tolled - meaning it is put on hold.

When the statute of limitations expires do Collection Agencies who purchase accounts have rights?

Of course they do. The SOL does not prevent collection on the debt, nor does it prevent lawsuits. However, in CA there is some protection against time-barred collections and lawsuits under the Rosentlhal Act (CA law).

 

[WHOKNOWS]

What is the Statue of Limitations on Credit card debt in Florda and California

Could you please explain time barred and the Rosenthal Act?
Do these pertain to both states?

 

[Ladynred]

Time-barred means the statute of limitations has expired.

The Rosenthal Act, as I noted, is CALIFORNIA LAW, it does not apply in FL.
I suggest you use Google to find it. It is California's debt collection law.

CIVIL CODE SECTION 1788-1788.3. 1788. This title may be cited as the Rosenthal Fair Debt Collection Practices Act. 1788.1

 

[StickyFingers]

Time-barred means the statute of limitations has expired.

The Rosenthal Act, as I noted, is CALIFORNIA LAW, it does not apply in FL.
I suggest you use Google to find it. It is California's debt collection law.

OK..maybe an off the wall question....

Say you leave a state...but they (out of state creditor) locate you and collection calls persist....is the debit still "tolled" OR since they found you....it continues?

Just think the answer would benefit alot who visit this site.

 

[TigerD]

I personally don't like the phrase time-barred because a debt isn't time barred at all. Going past the SOL simply means you have affirmative defense. If you don't appear in court and make the case for your defense, you don't have one.

The simple answer is as long as you are out of the state the debt is tolled. There are, of course, legal exception and ways to handle that -- but if you are asking the question, you will not be able to handle it yourself.

DC

 

[Ladynred]

The debt will never 'toll' unless you file bankruptcy. The statute of limitations is what gets put on hold.

 

[StickyFingers]

OK...hmmm..let me put it a different way.

You have a debt in one state....you move to another...

The sol has tolled cause you leave the state...but if the collection finds you( in the new state) and tries to continue collection from that "other" state's debt....is the sol still "tolled"?

Sorry for the hijack.

 

[Ladynred]

In the first state, yes.

Per the FDCPA, if you are sued they must sue you where you live now, or where the agreement was entered into. Most of the time they will sue you where they can find you NOW and sue you there. In that case, unless they try to use the 1st state's laws, then the laws, and the SOL for your CURRENT state would apply.

 

[Job_Hunting]

Try paying the debt you incurred. That might work.