SOL in Florida?

Discussion in 'Credit Talk' started by lwg8tr, Jul 3, 2001.

  1. lwg8tr

    lwg8tr Well-Known Member

    Chimed in a way back back and started a firestorm about SOL on credit card debt. Went to pre-trial today and asked to have the case dismissed. This is based on SOL based on my date of last activity (based on Equifax and Experian reports) 6/96. The problem is that the stautes in Florida are very vague. The SOL on contracts based on "written instuments" is 4 years, but as per Florida Statue a 5 year limitations is on all contract not based on "written instuments".

    http://www.leg.state.fl.us/Statutes...e&Search_String=&URL=Ch0095/SEC11.HTM&Title=->2000->Ch0095->Section%2011

    I have a few questions for the lawyers out there.
    1. What exactly is a "written instument", the UCC is silent
    2. Can't find anything at the Applate level to bring into court. What resources are available to me to find some case law. I can't believe that no one has raised this issue before.
    3. Other web sites say SOL on "Open Accounts" in Florida is 4 years..based on what?
     

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