Mom just got railroaded in Florida with the SOL
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Posted by Chris (218.145.25.13) on July 21, 2004 at 01:03:49:
My mother's court date was today. I prepared her with all the information that she was going to need for her defense (I am currently in South Korea so I could not go). The last payment she made on a $5,000 credit card debit was 10/1999. On reading this forum, I gathered up all the Florida statues for her to bring into court. She went to court and when asked by the "pre-judge" if she thought this case had any merit (something along those lines) she told them no and the person then told her to wait and she will see the judge. While waiting to see the judge, a person working for the court talked to her and told her that her case does not fall under the four year SOL. She was also told, that by going to see the judge, she could not simply ask the judge if this is the case (not under the four year SOL), but if she saw the judge and lost, a judgement would be placed against her. In this conversation she changed her mind and signed a paper. In the end, she signed the paper and now is going to pay $100 a month to avoid a judgement. Her first payment is due August 31st of 2004. Now, I am really upset at dear old mom. I know from what I have read on many websites and read in the Florida statues, they were beyond the SOL and that they like to try to railroad people in any way that they can. Furthermore, one of her complaints to this person of the court was that she had only about 18 days to prepare for this meeting. My questions are: Can she reneg on this signed agreement and go in front of a judge? Does a new SOL of limitation timeline start when she makes her first payment? In this monthly payment program they signed her up on, what happens if she sells her house in the interm? Will they get all their money at that time?
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