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Hello Ely. Thank you for the quick response!! I accidentally gave you incorrect information. The actual last payment they received from me was 11/2008. The other dates I mentioned, 03/2008 & 04/2008 were actually 03 & 04/2009, however these were statements I received that showed late payment and overcharge fees. Again the last payment made was 11/2008 and the last charges were in 11/2008. Would this be the accurate date of last activity?
Also, I have received information indicating that a credit card account is an open ended revolving account, which in Florida has a statute of limitations of only 4 years, which I believe they were trying to beat by filing in 06/2013. Is that correct? Thanks!!
Ely, thank you again for your help. one last clarification, if you don't mind. A portion of your answer, "It goes by last date of when payment became due, but that is overcome by last date of payment made."
you mention that it goes by last date of payment due but it is overcome....
Do I understand you correctly that the last date of payment made supercedes the last date of payment due? So my receiving the statement that reflects continued finance charges but no actual activity in 06/2009 with a payment due date of 07/2009 is then superceded by the last payment made in 11/2008? I want to work out paying the debt but want to avoid a judgement against me and if the SOL is up then no judgement can be won as I understand it, does that sound correct?
Again Ely, thanks for all the help, your answers and response have been fantastic and I will rate you accordingly!!!
So, the SOL begins running on:1) Date of when it became due;2) Superseded by any payment made later (if any).
When u say any payment made later..... This is a credit card account and I made a scheduled payment on 11/15/2008 and also had some charges, with the last being on 11/24/2008. I received normal statements from the credit card company with due dates of 12/15/2008, 01/15/2009, etc. all the way up to 06/15/2009, however NO payments or additional activity occurred other than late payment, over limit and finance charges during that time.
I am slightly confused by the superseded by any payment made later provision...
I have statements from after the last payment in 11/2008 (the 11/2008 charges showed up on the 12/2008 statement) with due dates also after the last payment date (as mentioned above).
My question is...does the last payment on 11/2008 supercede the date when it became due if I am receiving additional statements after that payment? (does this make it a payment later)?
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