The basics of my situation are that I’m to appear in small claims court next month for an old credit card debt. The last activity on the account would have been in early 2001.
After searching quite a bit online I’m a little confused because many websites say that oral agreement contracts in the state of Florida carry a 4 year statute of limitations but some say a ‘written contract’ in the state of Florida carries 5 years and then go on to say that in some states, revolving credit is considered and oral agreement and that in others, it is considered written. Still other sites listing credit card debt only say it is 4 years and some list credit card debt as an opened ended account and state that it is limited to 4 years.
In short, all sites I looked at pertaining directly to credit card debt say 4 years. The more general sites are entirely unclear and I don’t exactly know what to do. I can’t afford an attorney and the last thing I want to do is walk into the hearing and say something stupid causing a default judgment. As best I can tell, the following site has a legitimate listing of the Statutes in question and the apparent statute in particular is: F.S. 95.11(3)(p) I’ve seen it described as a ‘catch all’ statute in some places.
The thing is, to my entirely uneducated eye, it looks like I would fall under F.S. 95.11(3)(b) if my revolving credit is considered a written contract.
Not that it is important to the case but the story on my debt is pretty much that I got a lot of credit at the age of 18 and pretty much screwed it up at the age of 18. I managed to work through everything with my other creditors and thought I was on the road to doing it with this one but they made an agreement over the phone that they didn’t honor which was to stop charging me over the limit fees on a total that had gotten that way from late fees and fees for not making the minimum payments each month (I did mail what I could though) as well as an agreement to a new monthly minimum payment that I could make. I pretty much got pissed and started ignoring them – I know, real mature and the right thing to do. Beyond that I have little to offer in the way of excuses but would really, really appreciate any info anyone might have.
BTW, I’m listing some of the sites that say 4 years in case anyone can vouch for their legitimacy as reliable sources of info as a ‘trusted’ source. Thanks!
(The above site uses the state of FL as an example and says four years but then more vaguely speaks of written contracts as 5 years.)