[zpcg05]

Where to start, I recieved a letter from Borack and Assoc the 11th of this month. I have been reading on this site and what and how to handle this. I have since wrote a DV letter to them and also i have reasearched my info on SOL in Florida. My queastion would be , my SOL on the alleged account with expire in about three months. I have waited to send the letter back to them at the last possible moment. Can they take immidate action against me or will the process take a while? If they have to verify about how long will that take? When and if they file against me does that stop the SOL or does the SOL keep running until the day in court. They are callin about 2X a day now and only leaving messages on the first attempt. Were should i go from here. Thanks in advance for any help

[Enigma]

If you DV'ed them they must go back to the OC for documentation which may take a while.

Did you send the letter CMRRR?

[zpcg05]

I have not DV'ed them. Recieved there letter the 11th of this month, was trying to hold off on my reply until around the first of next month. Do the attorneys not normally have all documetation? Also im trying to undeerstand this SOL thing. There are different opions on how to fight SOL. Its a Cap1 account, I opened it over the intrenet while i was living in Georgia, in 2004 , moved to Florida soon after. So i hear alot of people saying to use Va sol where Cap1 is based, my info shows a Utah address. Georgia and Florida have the same SOL for credit card debt 4 years, so how can one use Va sol which is 3? Any help would be appreciated.

[Enigma]

Credit card SOL in FL will either be 4 or 5 years depending on the judge.

First and foremost YOU ABSOLUTELY must DV and NOW!!!!!!!!!!!!!!!!

If you don't you will be sued.

Is this your debt or someone elses?

What is the date of first delinquency?

[zpcg05]

I will DV tommorow, i thought i had 30 days from recieving the letter from them. Allegelly mine. July of 04.

[Enigma]

Originally Posted by zpcg05

Do the attorneys not normally have all documetation?

Court records indicate that Borack and Associates file numerous lawsuits on the behalf of Capital One.

Generally, I am not speaking from acknowledge, a client (Capital One) will forward either via fax or email a spreadsheet with the data needed to contact the debtor.

The debtor once contacted must DV the attorney in order to trigger the debtors rights under the FDCPA. Once done, the attorney is supposed to contact the client and obtain the validation documentation and forward it to the debtor.

[Enigma]

Originally Posted by zpcg05

I will DV tommorow, i thought i had 30 days from recieving the letter from them. Allegelly mine. July of 04.

You do have thirty days, but in this case it is prudent to do this now.

Post your DV letter so it can be tweaked if needed. Sans any personal info.

[zpcg05]

So you say it depends on the judge, i have read the SOl for florida and its not very defind on the sol, and as you stated it could be 4 or 5 years depending on judge. So what does the judge base it on? How can they flip flop between 4 ir 5 yrs? What is the determining factors?

[zpcg05]

April 16, 2008
Dear Sir or Madam, Borack & Associates, P.A.

In regard to the letter that I received April 16, 2008 dated April 11, 2008 for account # xxxxxxxxxxxxx in the amount of xxxxxxx. I am disputing this debt/bill. Account in its entirety. I request validation of this debt. Please send me validation that this debt is mine. At all times it is inconvenient for me to talk with you on the phone, you may freely contact me, but must limit such contact to written correspondence. It is also an inconvenience for you to telephone my residence, attempt to contact any members of my family, household, place of employment, or anyone else, regarding any matter concerning the collection of a debt you alleged is owed to your company or to your principal/customer/client.


XXXXXXX( MY FIRST AND LAST NAME ONLY IN SCRIPT)

[Enigma]

Originally Posted by zpcg05

So you say it depends on the judge, i have read the SOl for florida and its not very defind on the sol, and as you stated it could be 4 or 5 years depending on judge. So what does the judge base it on? How can they flip flop between 4 ir 5 yrs? What is the determining factors?

It all boils down to whither the the judge rules the credit card agreement a written contract or not.

[Enigma]

Originally Posted by zpcg05

April 16, 2008
Dear Sir or Madam, Borack & Associates, P.A.

In regard to the letter that I received April 16, 2008 dated April 11, 2008 for account # xxxxxxxxxxxxx in the amount of xxxxxxx. I am disputing this debt/bill. Account in its entirety. I request validation of this debt. Please send me validation that this debt is mine. At all times it is inconvenient for me to talk with you on the phone, you may freely contact me, but must limit such contact to written correspondence. It is also an inconvenience for you to telephone my residence, attempt to contact any members of my family, household, place of employment, or anyone else, regarding any matter concerning the collection of a debt you alleged is owed to your company or to your principal/customer/client.


XXXXXXX( MY FIRST AND LAST NAME ONLY IN SCRIPT)

There are several redundant sentences. How does this look:

I write in response to your letter dated xx April 2008.

Please allow this to serve as notice that I am disputing your debt collection-related allegations, denying the same and demand strict proof and verification thereof. This dispute, denial, and demand are made in accordance with federal and state law.

Sincerely,

/s/

Don't be afraid to sign it. Fax it to them and send it CMRRR.

[zpcg05]

Is there cases where a judge has ruled on a 4 year sol as well as a 5 year sol in FLorida?
Why is there no defined answer to whether or not it is a written contract.

[zpcg05]

Originally Posted by Enigma

There are several redundant sentences. How does this look:




Don't be afraid to sign it. Fax it to them and send it CMRRR.

From some of the threads i was reading it says to never give them your signature. Thats fine i will send it like you wrote it, and as to the phone calls should i not include that in with this letter or should i wait to see what validation they provide.

[Enigma]

Originally Posted by zpcg05

Is there cases where a judge has ruled on a 4 year sol as well as a 5 year sol in FLorida?
Why is there no defined answer to whether or not it is a written contract.

To my understanding, there are cases that support either argument.

However, Capital One's credit card agreement has a clause called the Choice of Law Provision. Capital One has chosen the state of VA and Federal law to govern its agreements. You will want a copy of that if you don't have it already.

Florida in FS 95.10: Cause of action arising in another state.--When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.


FL allows the SOL to used for the shorter SOL state.

To my knowledge, VA has a three year SOL for credit cards.

[Enigma]

Originally Posted by zpcg05

From some of the threads i was reading it says to never give them your signature. Thats fine i will send it like you wrote it, and as to the phone calls should i not include that in with this letter or should i wait to see what validation they provide.

I prefer to sign.

Section 809(b) states they must cease all collection activity until they mail you verification of the debt. Further FS 559.72(9) covers you.

[zpcg05]

[
However, Capital One's credit card agreement has a clause called the Choice of Law Provision. Capital One has chosen the state of VA and Federal law to govern its agreements. You will want a copy of that if you don't have it already.


FL allows the SOL to used for the shorter SOL state.

To my knowledge, VA has a three year SOL for credit cards.[/quote]

Where can i get a copy of that i checked there websites to look for there disclosers and agreements but no prevail. Yes VA does have a three year sol, so how after DV letter and if they continue to persue which way should i go?

[Enigma]

Hopefully the DV letter will cause them to go away. If not, you sit and wait. Until then.....

[zpcg05]

thanks for the great info, Do you know where i can get the info on Choice of Law Provision of cap1

[Enigma]

Originally Posted by zpcg05

thanks for the great info, Do you know where i can get the info on Choice of Law Provision of cap1

You could always call Capital One and ask for it.

If you are sued you can ask for it during discovery, or hopefully they will attach one to the complaint.