today i went to my pretrial and used sol as my defense.I had made payments to this account Hayt Hayt& Landau but checks were made to AMEX travel related service. this account was charged off and DOLA was 12/1996. i tried to use sol as my defense but the judge told me that i may have tolled the sol. help me if i'm missing something. I'm in Miami. Fla.
Tolling means that you have extended the time that the SOL can run. Sometimes if you move out of state then back into a state, the time you were out of state can be "tolled" - not included in the amount of time the SOL has to run. Also if you have made any payments on the account the SOL for collection (not reporting) starts anew from the date of the payment
Hi, under the fla. statutes95.051 it states thatWhen limitations tolled ) voluntary payments of any part of the principal or interest of any obligation or liability founded on a written agreement. Aren't credit cards an open account statutes 95.11.
I'm not a lawyer but: Credit cards are open accounts...that is just the type of account as opposed to installment accounts, but they are still obligations and liabilities founded on a written agreement. Every time you sign a credit card receipt you acknowledge the written agreement on the back!
