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I have a debt that is 5 years old. the creditor entered a…

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I have a debt...

I have a debt that is 5 years old. the creditor entered a voluntary dismissal without prejudice 14 months ago. the SOL for my state is 5 years. Can the creditor still try to collect for this debt now

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Not sense the dismissal

Submitted: 8 months ago.Category: Legal
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10/6/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

If the case is dismissed without prejudice, it means it CAN be refiled.

However, the statute of limitations for written debt is five years in Florida, and it begins to run (a) at the time the account becomes outstanding, (b) whenever the last payment is made, or, (c) whenever the debt is affirmed in writing - whichever is last.

Assuming neither a, b, and/or c occurred at least 5 years ago, it would be too late for the creditor to re-file the suit (the statute of limitations is not "paused" while the previous suit was pending).

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 8 months ago
the debt shows still shows up on my credit report. can this be removed with the SOL and the dismissal in place
Lawyer: Ely, Counselor at Law replied 8 months ago

Not yet. While the civil statute has run out to sue, the creditor can keep the debt on the credit report for 7.5 years, I am afraid. After that, it should fall off on its own.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 8 months ago
it can still show a balance due even though it is noncollectable. right now the report shows Charge Off Eqifax shows 0 balance but Experian and trans union show the balance owed
Lawyer: Ely, Counselor at Law replied 8 months ago

Yes. Even if it is legally noncollectable, if there is something unpaid, it can stay on your credit (provided it is proper and not a "made up" debt) for up to 7.5 years before being deleted.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
I live in CA now, although the debt was in FL. the SOL in FL is 5 Years the SOL in CA is 4 years. Which applies for me
Lawyer: Ely, Counselor at Law replied 8 months ago

If they file suit in FL (again), it would be 5 years.

If they pursue you in CA, it would be four.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
Would they have to file in CA since I"m living here. I've been out of FL for 4 years
Lawyer: Ely, Counselor at Law replied 8 months ago

They shouldn't be able to assuming you and the company were both living in FL at the time, and the transaction took place in FL.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
I'm not sure what you mean. If they were to try to sue where would the suit take place now that i'm in CA
Lawyer: Ely, Counselor at Law replied 8 months ago

Sure.

Where is the company located?

Where did you live when the debt/transactions that got you in debt took place?

If the answer is in FL, then they can only file suit in FL, not CA.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
i would have to defend it in FL
Customer reply replied 8 months ago
the FL SOL applies in this case not CA SOL
Lawyer: Ely, Counselor at Law replied 8 months ago

That is correct. FL jurisdiction. FL SOL.

IF they even ever re-file within the statute of limitations.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
Because the debt is 5 years old this month could the hurry up and try to file suit again. IF so would the filing take to long to stat in the SOL time frame. How long would it take them
Lawyer: Ely, Counselor at Law replied 8 months ago

Yes. They could. It doesn't take that long to draft and file a suit. However let's hope they don't.

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Customer reply replied 8 months ago
Last wouldn't they have to win a judgement within the SOL time frame. Wouldn't that process take several months putting it way past the SOL
Customer reply replied 8 months ago
are you still on
Customer reply replied 8 months ago
Waiting for response
Lawyer: Ely, Counselor at Law replied 8 months ago
Sorey... Computer issue. No they did not have to win a judgement within the time frame. They only have to file within the time frame.
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Customer reply replied 8 months ago
I have to be noticed and do I have a certain time to respond befor they can file
Lawyer: Ely, Counselor at Law replied 8 months ago
You will be served if they file. You not be given notice if they decide to file before they file.
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Customer reply replied 8 months ago
That’s what I mean. Would I be served and have a certain time to respond before they can file. If so what is that time length
Lawyer: Ely, Counselor at Law replied 8 months ago
My apologies but I have to step away for about an hour. I can either respond in an hour, or I can opt out and let you speak with someone else. Let me know.
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Customer reply replied 8 months ago
No take your time I can wait, you’ve been a great help
Lawyer: Ely, Counselor at Law replied 8 months ago
No. They file a lawsuit against you, it only then can you respond.
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Lawyer: Ely, Counselor at Law replied 8 months ago

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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