[smilesinia]

I am currently being sued by Palisades Collections, LLC in the State of Florida. They say the amount is due from December 6, 2003. I have not moved from the state nor had any contact with this collection company. When I filed my written response with the clerk of court, I requested the company verify the debt since I had no knowledge of it, they have yet to do that. Is this debt covered under the Statue of limitations in Florida?

[ScottGem]

Its hard to say. Its close since the SOL on Florida debt is either 4-5 years depending on the type of debt. But the SOL goes by last activity.

[smilesinia]

The type of debt is a revolving credit card (Bank One) and the last activity was Nov. 2003 with the original creditor. I have never gotten any notices from this collection agency until I was given a summons. I am hopeful someone can help me determine if this is considered under the 4 year or 5 year SOL.

[ScottGem]

Doesn't really matter. The suit has been filed. So you go into court and you tell the judge, that you want the case dismissed because you believe its past the SOL. Since you have to go to court anyway, just leave it up to the judge.

[this8384]

The type of debt is a revolving credit card (Bank One) and the last activity was Nov. 2003 with the original creditor. I have never gotten any notices from this collection agency until I was given a summons. I am hopeful someone can help me determine if this is considered under the 4 year or 5 year SOL.

Just to be clear, "activity" can be either the use of the card or a payment on the account. If you mailed even a penny to Bank One, that will renew the SOL.

Florida SOL is 4 years:
Statute of Limitations - Open accounts for debt collection
If you haven't made any payments whatsoever since Nov. 2004, then you can have the case dismissed as Scott pointed out. But you DO need to show up in court otherwise a default judgment will be granted against you and they're going to get their money anyway.