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Another question..CR

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lorie

Joined: 05 Sep 2008
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Posts: 3

193 Magic Points

Subject: Another question..CR

Sat Sep 06, 2008 2:19 pm

Sorry..forgot to add that on my CR it shows that Asset Acceptance made an inquiry on my report in June 2008.

Question: Since the debt is no longer on my CR, should I assume that it may have been sold to another CA? Although I think the SOL was over..

Also, if there intent was to sue me shouldn't the debt be listed on my CR?

Thanks again

erb1953

Joined: 31 Dec 2007
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Posts: 627

-15 Magic Points

Sat Sep 06, 2008 2:50 pm

what state are you from, I can look up the statute of limitations for you then you will know for sure.

goodnatured

Joined: 03 Nov 2007
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Posts: 3235

2257 Magic Points

Sat Sep 06, 2008 11:11 pm

If you can list the state that you are in then somebody here will come along and let you know your statute of limitations.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

1002543

Joined: 31 Aug 2008
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Posts: 84

100 Magic Points

Sat Sep 06, 2008 11:45 pm

whychat.5u.com

Guest

Sun Sep 07, 2008 12:16 am

Sorry...

The original debt was Florida..

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sun Sep 07, 2008 12:31 am

!002 whContract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sun Sep 07, 2008 12:33 am

OOPs posted too soon. I see the line on here that says the limited period is tolled for any period in which the debtor has left the state. Does that mean if you move the SOL never expires? I never heard of this before.

erb1953

Joined: 31 Dec 2007
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Posts: 627

-15 Magic Points

Sun Sep 07, 2008 12:34 am

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sun Sep 07, 2008 12:37 am

We must ahve posted at the sa,e time. Go back and read my post and see if you can answer my question.

Guest

Sun Sep 07, 2008 12:49 am

So...since I moved from the state to another state..The SOL never expires???

I am totally confused!

I think that since the debt is no longer on my CR it must of met the SOL this year; which actually makes sense since the date the debt went delinquent was around the 1997-1999 time frame.

I appreciate everyone's feedback~!

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sun Sep 07, 2008 12:56 am

Thats what I am trying to find out. I nevr heard of this before. As far as your credit report they can only list a debt for seven years.

Guest

Sun Sep 07, 2008 1:00 am

Last question to all you great folks..

So, if the debt is now passed the SOL can the CA still sue?

goodnatured

Joined: 03 Nov 2007
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Posts: 3235

2257 Magic Points

Sun Sep 07, 2008 1:03 am

They can NOT sue after the statute of limitations runs out, but they can continue to try and collect.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sun Sep 07, 2008 1:06 am

BUT the state debt collection law staes that if you leave the state it stops the SOL. Go back and read it. I am confused how this could be. Here it is: The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Guest

Sun Sep 07, 2008 1:10 am

These were two credit card debts that were intially opened in Florida. The actual delinquencies did not occur there, I stopped paying them when we moved out of the state.

Soo..I am not sure if this applies or not?

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