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    c2l3b's Avatar
    c2l3b Posts: 3, Reputation: 1
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    #1

    Oct 13, 2009, 08:13 PM
    Statute of Limitations timeframe vs. initial filing
    I am going to court for an old credit card debt. The charge off date was 3/2005, if the Statute of Limitations is 4 years for FL and my court date is not until next month, would I be able to request dismissal based on the SOL... even though I pulled the Clerk of Court records and the company filed notice last October 2008? Would the inititial filing void the current time frame?
    Thanks~
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 13, 2009, 08:16 PM

    Please don't keep opening new threads. This should be combined with the other (piggybacked) thread which is about to be moved.

    The Statute runs from the last activity on the account and it doesn't having anything to do with the charge off date. The complaint must be filed IN COURT before the Statute runs. It isn't the date of service - although you don't appear to think it is.

    Argue SOL and make the credit card company prove the time frame hasn't expired.
    c2l3b's Avatar
    c2l3b Posts: 3, Reputation: 1
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    #3

    Oct 13, 2009, 08:23 PM

    My apologies for opening a new thread but appreciate your expert advice. I assumed that if the debt was charged off the last payment/ activity on the account was prior to it. Thank you again
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 14, 2009, 05:53 AM
    Quote Originally Posted by c2l3b View Post
    My apologies for opening a new thread but appreciate your expert advice. I assumed that if the debt was charged off the last payment/ activity on the account was prior to it. Thank you again


    Probably a correct assumption BUT I have seen records altered as well as people who made a payment following the charge off.

    I'd argue and let them prove their side of the issue.

    Come back and let us know how it works out for you -
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