Florida Credit Card Debt

I have a debt that's over ten years old and a collection company threatening to sue. I think they're fishing. The last payment was made around the year 2000 through a credit consolidation company. Nothing since. I didn't agree to pay them anything, I didn't say that I owe the amount they claim but I also didn't deny it.
Is this something I should worry about?

In Florida the limit is 4 years. If it's been 8 years since you made a payment, and you've lived in Florida the entire time, you can tell them to pack sand. If they make any threats at all tell 'em you're going to file a complaint with the Federal Trade Commission.

If you lived in Florida, then left the state, then came back, the time you lived outside the state does not count toward the 4 years. So the time stops, then starts again when you come back.

2008-02-21 19:02:10 by Michael

www.miamibankruptcy.net 305-278-0811Bankruptcy attorney James Schwitalla helps people in Miami, Florida with debt issues including credit card ...

I have been notified of an arbitration by a credit card company of which I did not realize was possible. However, it seems that the credit card companies can take away my right to court justice! Alarming it is. Anyhow, is this valid or what is the latest related to this, in Florida cases. I would like to fight this to the supreme court. When the CEO of a credit card company can make 250 M bonus per year and get away with this ~ something has to be done.

You might send them a letter refusing arbitration.

Mandatory arbitration violates quite a few laws plus there is solid case law to back it up.


You might click on my profile and click on the last link I have listed. It is a free credit discussion board.
There is an excellent arbitration refusal sample letter template that is also free to use.
You might ask about it in the credit forum on that site.

edit++++

Studly is correct that mandatory arbitration is in credit card contracts. It's become a standard clause in those contracts.
It is up to the informed consumer to use their rights in refusing arbitration.

Enforcing mandatory arbitration, even though it is in the signed contract, violates House Resolution 5162 which amends Title 15 USC 1601 of the Consumer Credit Protection Act
Plus the amendments to the Federal Arbitration Act (S. 192), and House Resolution 1054 and 3607 that amend the Truth in Lending Act, makes pre-dispute mandatory arbitration agreements in consumer credit contracts invalid and unenforceable

2007-10-13 04:53:12 by LEO S

Price: $18.99 $14.72

Would signing an application for a Discover card and the associated Cardholder Agreement mean I agreed in writing to have my wages garnished, and thus prevent an exemption as Head of Family?

You're confusing a lot of stuff.

Would signing an application for a Discover card and the associated Cardholder Agreement mean I agreed in writing to have my wages garnished? Garnishment can only occur when there is a court order. That occurs when you haven't paid for a few months.

You cannot be made to agree to such a thing, it's not legal.

, and thus prevent an exemption as Head of Family? This has to do with taxes, not credit.

That is what goes on the 1040, and a W-4.

2007-10-17 14:08:03 by patrolman

Price: $29.99 $15.99

50% Cotton 50% poly
Machine wash and dry

I am on my 5th collector in 8 years asking for a payment. Current company is in UT. LA, GA & MA are some of the prior. My Credit is perfect. This is from when I was in school.

Stan left out the part where credit card debts are only 4 years because they are not considered written contracts in Florida. I guess that's his collection agent training kicking in. ;)

Send these agencies a "cease and desist" letter with a not that the debt is beyond the SOL and is now "time barred". If they wish to continue to waste time and money trying to collect it's up to them.

Usually, once you have shown them you understand your rights, they will leave you alone.

2008-07-18 06:09:58 by Lars P

Is there a statute of limitations on the debt? How old can a debt be before it can no longer be collected?

Yes, they can.

There are no state laws. Instead, wage garnishing is regulated by a federal law, The Fair Debt Collection Act.

This act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for credit cards and other charge accounts.

Click here to read the act and find out your right:http://www.ftc.gov/os/statutes/fdcpa/fdc pact.htm

Good luck!

2006-02-24 10:52:46 by neflguy