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  1. #1
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    Mar 2011
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    Default Credit Card Debt Statute of Limitations in Florida

    My question involves collection proceedings in the State of: Florida

    I have an old debt from 1998 that has fallen into the hands of Asset Acceptance LLC. This past Friday, they froze my 93year old mother's checking account on which my name appears. This account only contains the monies my mom receives from Social Security and her retirement from her previous employment (in total $1200/month). This is what my mom lives off of. They also claim that I owe them $17,000. This is not true
    Can they do this?

    I need to know what the Statute of Limitations is in the State of Florida and if they can do what they are doing.

    Thank you.

  2. #2
    Join Date
    Sep 2010
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    9,890

    Default Re: Credit Card Debt - Statute of Limitations for Florida

    This past Friday, they froze my 93year old mother's checking account on which my name appears.
    That would make it your account. Grandma should put her money into an account you do not have access to.
    You can make a claim that none of your funds were ever in the account and the moneys come from protected sources for someone else's benefit.

    They also claim that I owe them $17,000. This is not true
    You probably do. At this point there's probably signficant legal fees infolved.

    If they've managed to sieze your bank account, it would appear they already have a judgment against you. Statute of limitations no longer applies.

  3. #3
    Join Date
    Mar 2011
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    3

    Default Re: Credit Card Debt - Statute of Limitations for Florida

    I never received any sort of documentation stating that they were putting a judgement against me. When does the statute of limitation apply?

  4. #4
    Join Date
    Jul 2010
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    3,694

    Default Re: Credit Card Debt - Statute of Limitations for Florida

    SOL governs how long they have to sue you for the debt. As previously pointed out, if they are freezing accounts that would tend to indicate you have already been sued and they won. Once they have a judgment, they have close to forever to get it out of you.

    You need to contact your bank and see if they will provide you with the documentation ordering the freeze or start checking court dockets to see what happened. Then you will need to determine if they did anything wrong that might allow you to invalidate (yes, I know that's not the legal term but it escapes me at the mo') the judgment and move forward from there. You need more info to get this taken care of.

  5. #5
    Join Date
    Mar 2011
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    3

    Default Re: Credit Card Debt - Statute of Limitations for Florida

    Thank you...

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Credit Card Debt - Statute of Limitations for Florida

    Quote Quoting free9man
    View Post
    Then you will need to determine if they did anything wrong that might allow you to invalidate (yes, I know that's not the legal term but it escapes me at the mo') the judgment and move forward from there.
    Just for the OP's info, the word is vacate the judgment. I agree with checking court dockets to see when/if the
    summons was served, how it was served & who signed for it (if anyone).
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