Florida SOL HELP

[Anonymous]

Here is the deal, I have a Washington Mutual account that date of last delequent is October 2008. I got a phone call today from Hurst Stern & assot. They stated that I missed my deposition and that they were/have aquired a judgment aginst me. The guy that I takled to told me that the SOL is from the date of charge off which is 2011 (according to him) and is 5 years in Florida. I kept asking for a case number or the court the judgement was filed in. He kept telling it is in the paper work that was sent to you. How should I proceed? Is there a way to see if a judgement was filed in Florida?  We moved from SC to FL 2012 but still have SC DL.

[Anonymous]

He's lying. He knows the SOL runs from DoFD, and is hoping you'll buy his line of BS. They clearly have not properly served you, and its doubtful they have even filed a case. You should be able to do a search of the courts in Florida to find out if there is a case against you. If there is a case with a default judgement you need to immediately file for vacature based on improper service.

Look up the specific Florida statutes for SOL, (google knows all), and when they call again quote them to him verbatim, chapter and verse. Then inform him that knowingly LYING to attempt to collect a debt is a violation of FDCPA, opening him to a fine of $1000 per violation. His lies include 1) lying about or misrepresenting the nature of the debt (the SOL), and 2) threating or stating they have a suit, when in fact they do not.

Florida service requirements:

48.031 Service of process generally; service of witness subpoenas.—

(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.

[Anonymous]

Thats what I assumed. But it gets sorta confusing when you move on a revolving account. I talked to another person that told me that a judgement had not been filed. He was just trying to get me to pay, I understand. I told the "higher up" that they may want to review the recorded conversation. He also had incorrect information saying that last payment was Jan 2010 (if this was the case it would not have dropped from my credit report) Cross your fingers that they dont try to mess with my report. I close on my house on Friday. I told them to send me information on their settlement offer VIA mail and I would concider it. Maybe this will stop them from messing with my credit file before I close.

[gdale6]

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@Anonymous wrote:

Thats what I assumed. But it gets sorta confusing when you move on a revolving account. I talked to another person that told me that a judgement had not been filed. He was just trying to get me to pay, I understand. I told the "higher up" that they may want to review the recorded conversation. He also had incorrect information saying that last payment was Jan 2010 (if this was the case it would not have dropped from my credit report) Cross your fingers that they dont try to mess with my report. I close on my house on Friday. I told them to send me information on their settlement offer VIA mail and I would concider it. Maybe this will stop them from messing with my credit file before I close.

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Bunch of crooks down there in FL, I have a WM account that had a DoFD in early 2003, these jokers call me every once in awhile with this type of threat, I listen and then start laughing telling them they better get up earlier to get one over on me... When I get something in the mail from a JDB on way out of statute debt I just FOAD them....

[Momof5]

TIme to pay attention...... WHEN did you move to FL?  If these debts were incurred in SC, then the SOL is 3 years.  FL has the borrowing statute.  Since the SOL in SC is only 3 years, FL will recognize the 3 yr SOL, not FL's SOL.

[Anonymous]

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@Momof5 wrote:

TIme to pay attention...... WHEN did you move to FL?  If these debts were incurred in SC, then the SOL is 3 years.  FL has the borrowing statute.  Since the SOL in SC is only 3 years, FL will recognize the 3 yr SOL, not FL's SOL.

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That is what I wanted to know. I moved to FL Aug. 2012 however never took residency. The debts were aquired in SC, date of last payment Sept 2008. the company that is contacting me tells me the last payment was Jan 2010. I disputed the item last month and the all three credit angencies removed them.

Last Reported

Sep 29, 2008

Creditor Name

CHASE

Account Type

Credit Card

Account Status

Closed - Paid

Opened Date

Aug 29, 2005

Closed Date

Apr 10, 2008

Limit

$1,500

Term

--

Monthly Payment

$0

Responsibility

Individual

Balance

$0

Highest Balance

$1,829

Payment Status

Collection/Charge-Off

Worst Payment Status

Unknown

Date of Last Payment

Sep 26, 2008

Amount Past Due

$0

Times 30/60/90 Days Late

0/0/0

Remarks

Charged off as bad debt
Purchased by another lender

[RobertEG]

Momof5 is correct.  FL has a borrowing provision in its SOL statute, which incorporates the SOL of the state where the debt was incurred if it is shorter.

You thus have a time-barred debt, with no legal obligation to pay.

I know of no state SOL that runs from the date a creditor chose to do an accounting CO.  It runs from the DOFD, or in some instances, from date of last payment.

FL is from date of cause of action, which is the same as the DOFD.

Personally, in view of their assetion that they have a judgment, I would file an immediate complaint with the CFPB of their violation of the FDCPA by stating they have taken legal action that they did not, in fact, take, and by misrepresentation that the debt was still within SOL. 

I would cc: a copy of the complaint and also send to the debt collector, thus putting them on immediate notice of your complaint.

Let them explain their actions to the CFPB..........