Any experts on SOL? Creditor shows DOLA as 7/2000 on Equifax. Account was sold to Portfolio who shows DOLA 6/2000. They have filed suit 8/5/2004. I am in FL - has SOL run 7/2004 or will it be 8/2004 which will allow their suit to stand? Any advice on this? Thanks...
Florida Statue of Limitations for Debt Collection is 4 years for Oral Agreements, 5 years for written contacts, 5 years for promissory notes and 4 years for open accounts. In your response you may want to list in the Affirmative Defense and Counter Claim that the DC had filed a Time Barred lawsuit. In you motion for Discovery, you may want to request "a copy of and access too" the original credit agreement/promissory note bearing your signature. When the DC doesn't provide the documents requested, you may want to enter or at least have the Portfolio printout ready to submit to the court to establish the fact that the SOL has expired. you may also want to direct the court to the fact that the DC did not and/or refused to provide you or the court with evidence of a written credit agreement /promissory note as required by Florida law which states "ALL CREDIT AGREEMENTS SHALL BE WRITTEN.". This is exactly how the sentence appears in the statue, in all capital letters.
