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Re: what is SOL in FL for suing for breach of credit card agreement?
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Posted by Keyser Soze
(205.188.209.12) on February 10, 2003 at 15:31:01:
In Reply to: what is SOL in FL for suing for breach of credit card agreement? posted by Bobby on February 09, 2003 at 20:58:21:
Dear Bobby - This is yet another toilet splotch for which Florida seems to be becoming famous. Several reports of late of time barred SOL suits here. Biggest offenders are Rufus "Bud" "The Dean of Bad Debt" Reitzel's Asset Acceptance Corporation and F.A. Management Solutions, of sunny Delray Beach.
You are right, Florida lawyers will tell you it's a five year statute and they become testy when questioned about this. The Statutes clearly show four years on 'open accounts' which credits cards most surely are.
One theory put forth for the discrepancy is that the sleazebag collection agency 'lawyers' whip out a signed credit application and get away with a judge accepting that as a 'signed contract'. It's unilateral - where's the signature of the creditor? Right, it's not there.
This is just a sleazy trick to stretch the statute and is a great test case in the making. Another gem that Legal Aid mentioned, these punks will claim that a signed receipt for goods purchased on that account is a 'written contract'.
You are clearly beyond statute. You might want to start a complaint with the FTC and the FL Dept. of Banking. The goons who file these know jolly well what they are doing, they count on debtor shame, ignorance of rights, fear of judicial process to make their lives easy. They are playing the odds and hope you don't catch on. Smash them back, it's the universally understood language of bullies. Make their greedy-gut foray into your health, happiness, and wealth cost them. Give out the name of this scumbucket outfit, you might find others with whom you can compare notes. The better to make their lives miserable. Until they find a line of employement suitable to their particular talents. Like plucking seagulls. Keyser Soze
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