in 2001 I went through a divorce I had a leased vehicle I was behind one month could not make the payment the lease was terminating the following month so, I voluntarily had the vehicle repossed. I never heard from the lender again. In my credit report they opened the case in 2003 it shows a total amount due of 1300.00 dollars.

This week I received a letter from a law firm representing Capitol One bank advising me that I need to report for a deposition this coming November 2009, its been filed with the county court in attempting to collect my debt for 2337.92 dollars they want a deposition and all my financial records including bank statements tax records etc etc...


It has been 9.5 years -My question is can they do this? Is there a law or statue of limitation to protect me from this occurring right now? Am I obligated to go to this deposition? Also why is the amount due showing 1300.00 in my credit report but they are attempting to collect 2337.92. Should I seek legal representation to attend to the deposition? Or should I call them and offer the original value of the debt I cannot afford the 2300 nor do I understand why its increased. They have reposted it in my credit report.

Can somoene please advise, what to do?

thank you so much

File notice with the court that the SOL has expired. Do not call them, GO to the hearing and ask the court to dismiss with prejudice for pass the SOL.

SOL in Florida for an Open Account is 4 years and a Written Contract 5 years. Medical bills are normally considered written contract, but it could be one or the other. If the contract is signed under seal, it may have a longer time.

Thank you so much for the prompt response and advice...