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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Credit Card Collections

    My question involves collection proceedings in the State of: FL

    have read some threads about CC debt and collections ... i believe i understand the nature of the SOL and debt/collections .... i have a few questions i hope someone can help with ....

    what action would RE-start your SOL ?

    how might someone go about finding out the last payment ? (reading an article about palm beach case someone listed, i am led to believe that 30 days after the last payment, the SOL begins ... PLEASE correct me if im wrong)

    if looking at a current credit report, what info, (if any) might help me determine the beginning point of the SOL ?

    can you use the SOL "defense" to your advantage, without having to go to court ?

    if my SOL has come, can i do anything with that knowledge in regards to the reporting bureaus ?

    thx

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Credit Card Collections

    In general,
    Quote Quoting Florida Statutes, Sec. 95.031(1)
    A cause of action accrues when the last element constituting the cause of action occurs. For the purposes of this chapter, the last element constituting a cause of action on an obligation or liability founded on a negotiable or nonnegotiable note payable on demand or after date with no specific maturity date specified in the note, and the last element constituting a cause of action against any endorser, guarantor, or other person secondarily liable on any such obligation or liability founded on any such note, is the first written demand for payment, notwithstanding that the endorser, guarantor, or other person secondarily liable has executed a separate writing evidencing such liability.
    If you do anything that makes a cause of action "accrue", you should assume that it will reset the statute of limitations.

    You can check your records to see when you last paid a debt. You can try to get records from the creditor. A credit report contains hearsay, so don't expect to get very far arguing in court based on dates it contains.

    You can try to negotiate with a creditor over an expired debt, or tell them that it can't be collected and to stop contacting you.

    A separate limitations period (normally seven years) applies to the reporting of credit information.

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