The SOL for open accounts (credit cards) in Florida is indeed four years. This means that the creditor must file any litigation before 4 years from time the account was charged off, for the lawsuit to be valid. However, an SOL for any debt in any state is not an automatic defense. If the debtor is sued it is his or her responsibility to provide evidence to the court that the state SOL is a legitimate defense. Also, the majority of state courts experience backlogs of cases, meaning the creditor could file suit before the time limit expires, but the debtor would be served with the summons months or even years after the SOL's date.
Generally as most businesses sell goods and services on credit terms, the value of the sales invoice is debited into the customers account as a debtor and a corresponding credit entry passed to sales. Eventually when proceeds from the sales are received in the form of cash/ bank transfer, the debtor's account is credit to cancel the initial debit for the sale and cash ledger debited with the receipt.
Either you can ask what collection agency the company you originally owed deals with or you will have to obtain your own credit report. * If the debtor did not respond to the 30 day clarification notice, the collection agency has no legal obligation to inform the debtor of the creditor, amount owed, etc. unless litigation is initiated. The debtor's credit report may or may not indicate which account has been sent to collections, as credit bureaus are very lax in keeping timely data on consumer's.
The estate is responsible for the credit card debt. The assets of the estate cannot be distributed before the debts of the estate are paid. The executor is bound by law to give notice of the death to creditors. You should seek the advice from the attorney who is handling the estate.
If "third party" indicates a credit repair agency, please be advised. Such agencies cannot do anything that the debtor cannot to for themselves. If the defaulted debt(s) reported to the credit reporting agencies are valid, they cannot be expunged until the required amount of time has passed. Please do not let representatives of aforementioned agencies pressure you into using their company as a way to "mend" a credit report. It simply is not possible. Debt consolidation agencies are a different matter. The consumer should approach all such action with caution and only become involved when/if he or she completely understands all the conditions of entering into such a contract. Never agree to a written or verbal contract regarding such (or anything really) that is not completely understood and acceptable.
No it is not is is scored as a passed ball.
Debit Purchases and Credit Supplier.
I feel this is highly unlikely. The credit card companies fought a long battle to get this legislation passed they got almost everything they wanted. It wouldn't make sense for them to then lobby each of the 50 states to lower their exemptions.
Fair Credit Billing Act (FCBA) which passed in 1975.
Yes, but there is a requirement for the amount of time which needs to have passed between filings and the amount of time will vary depending on where you live. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.The above notes discharge dates
Stalemate
No. Hurricane Irene passed to the east of Florida and made landfall in North Carolina.
In it's current form, it was passed in 2006. Statute 316.2015