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Does payment on an account restart the SOL?

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  #21  
Old 02-28-2005, 07:00 AM
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The facts you described are totally different to the situation the law was designed for.

Go ahead. Be a fool. Make a partial payment. Then try to use F.S. 95.04 as your defense. You will be clobbered.

I have studied Florida case law extensively. I have gone through thousands of Florida case law authorities. Have you?
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  #22  
Old 02-28-2005, 01:48 PM
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My, doesn't your tone sound familiar, radarbeam....
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Old 02-28-2005, 02:50 PM
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Quote:
Originally Posted by DocDon
My, doesn't your tone sound familiar, radarbeam....
While I skipped that law degree, opted for an engineering degree, the Florida laws seem to me fairly straight forward. Unless one signs an agreement to pay a CA, or I suppose the OC, then the SOL period ends a certain number of years after the date the CC account went into delinquency..
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Old 02-28-2005, 02:52 PM
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Don't sweat it, credit_on_mars. Radar's demeanor is sending up red flags on who he is and why he's here.
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Old 02-28-2005, 03:57 PM
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Don't sweat it, credit_on_mars. Radar's demeanor is sending up red flags on who he is and why he's here.
I dig, my man. Was sending some nibles out 8)
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Old 03-02-2005, 03:53 PM
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Split this off as it got pretty heated and this kind of debate doesn't belong in this section:

http://debt-consolidation-credit-rep...=164332#164332
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Old 05-08-2009, 10:59 AM
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California Code of Civil Procedure

335. The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

337.2 Within 4 Years:
An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

337.3
An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred.

337.15.1(d)
Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action.
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