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SOL on Line of Credit opened in NY/ Florida

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  • SOL on Line of Credit opened in NY/ Florida

    I opened a line of credit with my checking account in New York 8/2000. I moved to Florida in 9/2001. I made what I believed to be my final payment on this line of credit 11/2001.

    I am now getting letters from a "so-called collection agency" called Midland Funding LLC that I owe money on this account. From everything I have read about them they are just another "bottom feeder" junk debt collector. I have already sent a dispute letter to them.

    I have remained living in Florida during the entire time, but I would like to know which state's SOL would apply.

    Also, could they serve me a summons from NY courts?

  • #2
    Originally posted by findmyflhome View Post
    I opened a line of credit with my checking account in New York 8/2000. I moved to Florida in 9/2001. I made what I believed to be my final payment on this line of credit 11/2001.

    I am now getting letters from a "so-called collection agency" called Midland Funding LLC that I owe money on this account. From everything I have read about them they are just another "bottom feeder" junk debt collector. I have already sent a dispute letter to them.

    I have remained living in Florida during the entire time, but I would like to know which state's SOL would apply.

    Also, could they serve me a summons from NY courts?
    Normally a creditor can go by the state where the contract was signed or where the debtor lives whichever has the longest SOL. If you are sued, they would probably sue you in Fl - where ever they can find you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      SOL on Line of Credit opened in NY/Florida

      The SOL for NY is 6 years and 4 years for FL. Does this mean they will use the SOL from NY even though I have lived in FL for more than 5 of those years?

      Appreciate your help.

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      • #4
        If you were sued, you could try using the Fl. SOL expired defense but they may come back with the NY one or they may not. If they do & they sue you in Fl., the court may or may not accept the N Y SOL. You certainly can try using the Fl. SOL.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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