I might could help; where in FL are you?

Posted by The Avenger (172.161.197.9) on July 21, 2004 at 16:49:02:

In Reply to: Mom just got railroaded in Florida with the SOL posted by Chris on July 21, 2004 at 01:03:49:

I've heard from one or two other ASSet victims in FL and I'm trying to work up a class action. About the SOL, there is an ambiguity in Fla. Stat. 95.11(2)(b) which limits "on a contract, obligation, or liability founded on a written instrument" to FIVE years, and 95.11(3)(k), which limits open accounts including store accounts to FOUR years. On our side we think credit cards are open accounts, while creditors think CCs are founded on a written instrument (credit app). AFAIK the Florida Supreme Court has not ruled just what SOL applies to CCs so it's arguable. We'll find out one of these days.

However, if their lawyer or paralegal or whatever represented themselves as a court official, THAT is A BIG PROBLEM. The agreement might get vacated on grounds of fraud, especially important because by signing it, she probably restarted the SOL. Call 919 876 8001 or 910 876 7001 and I'll see what I can do.

Follow Ups:

Post a Followup