Calls Re Credit Card Debt Past Statute of Limitations

elephant1 · #1 05-24-2009, 09:17 AM

State - Florida

I had a Capital One secured credit card with a $300 limit. According to my credit report the account was opened in 2001. Honestly, I can't remember when it was opened. The account eventually ended up as a charge off/bad debt on my credit report and it states that the credit grantor closed the account. The crazy thing is, they keep adding interest every month. The balance has gotten up to $2,000. Last week I received a phone call from someone saying they were going to have to make a decision about the account and wanted to talk to me first. The person did not identify themself and it was almost like she was trying to get me to admit that I had signed the credit card application. She kept asking me - "Didn't you sign the credit card agreement?" She also questioned whether or not I had received any correspondence and the address she called out was not correct. It was 2 previous addresses combined - the number of one place and the street name of another place. I eventually hung up. I don't know how this person even got my cell phone number. From everything I have read, the SOL on this account is over so what should I do if they keep pursuing me? I was living in Alabama when the account was opened.

Any and all advise is greatly appreciated!!

Missnaz · #2 05-24-2009, 09:23 AM

When did the debt go bad?

The SOL is 5 years in Fl for written agreements, 4 for verbal.

elephant1 · #3 05-24-2009, 03:18 PM

I'm not exactly sure when it went bad. I'm going to guess that it went bad in 2002. Does it matter that I was living in Alabama when the account was opened and now I am living in Florida? Does the SOL apply to the current state one resides in?

divemedic · #4 05-24-2009, 06:28 PM

Depends on when the cause of action accrued- if it was while you were in Alabama, you would use whichever SOL is shorter.

There are cases in Florida that go both ways on credit cards. Store cards like Citgo or Best Buy are always 4 years. Visa cards can go either 4 or 5, depending on various factors.

Alabama, I am not so sure if a CC is considered written (6 yrs) or open(3 yrs) and will require a little research on your part.

Either way, if they are just now calling you, get their address and send a dispute. Now.