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I have received a letter from third-party debt collector ...

Sent to Legal Experts January 17 2007 at 9:17 PM
   

I have received a letter from third-party debt collector threatening arbitration through NAF.
Evidently, the contract in question, an MBNA credit card agreement calls for arbitration.
It has been over four years since any activity on the alleged debt.

Question: Does the Florida SOL cover this situation, and can I therefore invoke the
SOL defense?

Thanks,

tomzoom1

 

Optional Information:
Pensacola, Florida

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Answer
January 17 2007 at 9:39 PM (22 minutes and 4 seconds later)
         
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Hi Tom:

The Statute of Limitations (SOL) in Florida for credit cards is 4 years (see here). It should be noted that the SOL does not begin to run until after the last use or payment. So, if you made a payment one year ago, the creditor has four years from that payment date.

Also, I am guessing the Florida Statutes will apply to your situation since the contract was entered into in Florida, but you also might want to check the fine print to be sure that in signing the credit card application you did not agree to be bound by the laws of some other state (I doubt this but it is better to be prepared than surprised when you get there).

It is generally advisable to assert that the SOL has expired whenever it is valid to do so. Also, the Florida Credit Card Bank Act can be viewed here and may have some useful information in it.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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