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Statute of Limitations on unsecured credit card debt in FL – Clarification please!

Community Self Defense Q&A › Category: General Comments › Statute of Limitations on unsecured credit card debt in FL – Clarification please!

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Arlene S Munoz asked 2 months ago

Good afternoon,

I received a reply (a package with bill of sale / assignment, etc) to a Verification letter I sent to debt collector for a credit card account from a credit union that was charged off in 2019. In Florida it seems the SOL is 5 yrs.der

Question: What should be the main focus of my reply letter:

their lack of proof of ownership if they don't provide a copy of the 'certain loan sale agreement' referenced in their 'bill of sale and assignment of accounts' exhibit?, or
The SOL and therefore their lack of 'standing' to pursue this collection? or
??

Thanks in advance for your input!

1 Answers

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Brian Parker Staff answered 2 months ago

One and two are perfect. The SOL, if you can show a last payment of greater than five years ago is your best defense. If they have not filed a lawsuit against you, the clock is still running in your favor. SOL is a great defense if there is a lawsuit. BPP

Arlene S Munoz replied 2 months ago

Thanks Brian! After re-reading the documents they sent I noticed they listed the current owner as ARI,LLC and their Bill of Sale and Assignment are from assignor NFCU to assignee ARI. there is not mention of Arcon, which is a subsidiary LLC of ARI.
Question: Can an LLC subsidiary of another LLC represent the parent LLC and/or sue on behave of the parent LLC? btw: The manager of Arcon is the same person as the CEO of ARI per the Florida Division of Corporations although the company addresses are different- two separate cities in MN. (don’t know if that fact makes any legal difference)…