Re: Creditors Calling

Posted by Linda on August 29, 2001 at 08:18:40:

In Reply to: Creditors Calling posted by RP on August 27, 2001 at 18:38:31:

What is the approximate date of the last payment you made? That is the default date. The statute of limitations in FL for credit card debt is 4 yrs according to the table on this site. So, if you defaulted at least 4 years ago, they cannont actually do anything to you. You can send them a letter telling them to cease communications with you. They will have to stop calling and writing you.

Do not make any arrangements or promises to pay them or you will be giving up your right to the statute of limitations as a defense.

If it has not been 4 years, send them a letter asking them to prove that the debt is yours, just on the off chance that they can't prove it. You don't have to talk to them, you can also send them a letter asking them to only contact you in writing. Then just wait and see what they do.

If they do take you to court, you must go and defend yourself, or they will get an automatic judgment, and then you are out of luck because the statute of limitations would not apply anymore.

Linda

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