[Florida_So]

In Florida when does the SOL(statute of limitations) start? The date of last payment or the charge-off date (i.e, last activity) on the credit report?

Also, what it the SOL on credit card debt? Four years or five years?

I'm being sued for a credit card debt, where the last payment was 11/02 and the charge-off date (last activity) is 6/03.

[GreatGadsby]

SOL starts when the cause of action accrues. typically when the payment was due and not made.

Fla SOL is 4 years for store cards, and 5 years for regular credit cards.

[Florida_So]

I was living in South Carolina at the time of "cause of action." By looking at this from the Florida law, I should be covered under SOL for South Carolina

http://www.flsenate.gov/Statutes/ind...0095/SEC10.HTM

95.10 Cause of action arising in another state.--When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.

If the cause of action is the first missed payment, then the SOL has expired, because in South Carolina the SOL is three years. Is that correct? Can I get this dismissed for SOL?

[aaron]

You can try. The statute of limitations is an affirmative defense so make sure you raise it properly, and that you are prepared to prove the out-of-state statute to the court.

[Florida_So]

What do you need to "prove" out-of-state statute to the court? The section of the SC law?

http://www.scstatehouse.net/code/t15c003.htm

SECTION 15-3-530. Three years.

Within three years:

(1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520;

[aaron]

That's going to depend on the court. A print-out of an official webpage or a photocopy from a law library would likely be sufficient, particularly if the plaintiff did not dispute the accuracy of the copy.

[Florida_So]

This worked... but I settled for paying 13% of the debt, because I felt like I
should pay something.