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  1. #1
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Being sued for old credit card debt

    Well clearly I don't agree with this:

    First know that both Florida and Georgia have Statutes of Limitations of 4 years on credit card debt, so you DO have the right of an "affirmative defense" that the Statute of Limitations has passed.
    As I mentioned in my prior post that the time that was running was suspended when you left the state (frozen). The creditor has a right to use the SOL under Florida law.

    The rest seems like it could be a reasonable way to handle the debt. Whether or not they will agree.......

    However, I don't see any harm trying to deal with it that way.

  2. #2
    Join Date
    Jan 2007
    Posts
    26

    Exclamation Re: Being sued for old credit card debt

    so does this mean the person can be sued forever unless he/she moves back to florida and finishes the sol term? and how can a florida law be used in a ga court??? hit me back, i have a similar circumstance?

  3. #3
    Join Date
    Jan 2007
    Posts
    26

    Question Re: Being sued for old credit card debt

    ps. how do they determine/prove what state ur in? does it go by ur dmv, car registration, voter registration, state income tax filing (fl doesnt have state income tax), employer. For instance, if im physically living in georgia, but have florida drivers licenses, florida tags (pay taxes for car registation in florida0, florida car insurance, registered to vote in florida and vote in florida elections, still get mail forwarded from a florida mailing address. How do the courts decide uve left the state. and what date that ur left the state to decided when the fl sol tolls??

  4. #4
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Being sued for old credit card debt

    just my $0.02, and it could be wrong, but I don't see how they can claim that you tolled the SOL by moving to Ga, if they're not suing you in FL. if they are suing you in GA, hen the Ga SOL should apply. from one of the other threads, the SOL in Ga is at most 6 years for a CC debt. if the DOLA/ DOFMD was really 10/2000, then it seems they would be the ones who are SOL.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Being sued for old credit card debt

    Quote Quoting mcraig79xy
    View Post
    ps. how do they determine/prove what state ur in? does it go by ur dmv, car registration, voter registration, state income tax filing (fl doesnt have state income tax), employer. For instance, if im physically living in georgia, but have florida drivers licenses, florida tags (pay taxes for car registation in florida0, florida car insurance, registered to vote in florida and vote in florida elections, still get mail forwarded from a florida mailing address. How do the courts decide uve left the state. and what date that ur left the state to decided when the fl sol tolls??
    Just a little question here; how do you maintain all the Florida items unless you have a residence in Florida?

    so does this mean the person can be sued forever unless he/she moves back to florida and finishes the sol term? and how can a florida law be used in a ga court??? hit me back, i have a similar circumstance?
    maybe you should explain your situation a bit so we can understand your situation. Are you claiming you are being sued in Georgia?

    this is part of the problem with an SoL defense. Most people do not seem to understand the SoL's and their applicability when tolling statutes are involved and when a new resident state's borrowing statutes are involved. They also do not understand that simply claiming an SoL defense in the response to a suit does not mean it will simply be dropped. It often requires the respondand/defendant to actually show up in court and present their case.

    concerning which state's SoL is used is also a point of contention and depending upon each states laws, either states SoL may be applicable.

  6. #6
    Join Date
    Jan 2007
    Posts
    26

    Exclamation Re: Being sued for old credit card debt

    I moved to ga in september 2004 from florida. Never went to the dmv here to get a georgia drivers license (don't wanna wait in line). Never changed my car registration and have florida tags on my car (don't wanna pay high ad volorem tax they have here in ga). I still use my parents mailing address for these things and have the items forwarded to my current ga address and I also visit florida several times a year.
    They are suing me in georgia court so I guess the georgia statute would apply. But if someone was going to sue me in florida in the court of my florida address, I'm wondering if the courts would determine whether i was a ga or fl resident. If i was determined to be a ga resident, under the tolling clause in the florida sol, could i essentially be sued when im 100 years old (for a credit card debt incurred when i was in my early 20s) if i never moved back to florida to finish out the sol in florida?

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