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d.sims2
Apr 1, 2010, 11:49 PM
I was served papers to appear at a pre-trail on April 27th - Capital One credit card debt was last paid to Capital One in Oct, 2006. Balance due at that time was $4,360.00

Debt was paid down to a prior debt collector - balance due was paid down to $1,427.
I could not afford further payments, meanwhile sent a letter asking for debt validation under the guidelines of the Federal Fair Debt Collection Practice Act and heard nothing further from the collection agency.

They sold the debt to another collection agency. The order was filed by Zakheim & Associates, PA. (New debt collector) in Broward County, Florida for $528.92 plus 19.9% interest starting 10/7/09. Further order says defendant had agreed to pay reasonable attorneys fees in this matter as per credit card agreement.
Zakheim & Associates is stating that their reasonable attorney fees is $300.00 as stated in the pre-trial order.

Pre-trial is in 27 days. I am unempolyed and would like to settle for a small amount of money or find a way to walk away from this debt. I have just today written to Z & A asking the amount they paid for the debt and their last know payment on this debt, and when they purchased the debt, in hopes I may settle with them for only a small amount of money above what they paid for the debt, assuming the statute of limitation does not apply here.

Can you tell me the statute of limitation on credit card debt?
Further advise with the thoughts and comments based on what has transpired over the course of events. Thank you.

tickle
Apr 2, 2010, 03:04 AM
Statute of Limitations in Florida is, on some sites, five years, another is four years, so here is the website that explains much of the debt collection process:

www.fair-debt-collection.com/statue-limitations-explained

If you cannot access this, you will have to cut and paste

Tick

JudyKayTee
Apr 2, 2010, 06:23 AM
The Statute of limitation in Florida on a credit card debt is five years. It's considered to be a written contact. Debt collection statute of limitations listed by state (http://www.fair-debt-collection.com/SOL-by-State.html#10) The statute runs from the last activity on the account - payment or charge so it is within the statute.

The amount now includes additional interest and legal fees - not unusual.

You can always make an offer of settlement and it will either be accpted or not. As you realize, inability to pay is not a defense.

The creditor may proceed to judgment but agree to a payment schedule - if you do not pay the judgment will be enforced.