when does sol begin & state court record search question

[SCREWCREDIT]

FLORIDA

Before I move foward with a suit against a creditor that I believe violated the FCRA, I must make certain that I was not unknowingly sued by this same creditor.

(RE: Credit card account back in 1997 that was charged off in 2000/2001 SOL for a civil suit in the State of Florida is 5 years - original amount charged off is unknown but the "raw" amount owed was around $1800.. I'm sure associated fees/costs and interest would have pushed that amount quite a bit higher, if in fact a suit had been brought against me)

1. Anyone know when the SOL actually begins in a situation like this? From the date of the first recurring delinquency or what?

2. What courts should I search for a civil case potentially involving my name as a result of this creditor having taken legal action? This is a local creditor with it's principal/main offices in Hillsborough County, Florida. I live in a surrounding county. I have initiated a query, through online records access, in both counties for any civil case involving my last name. None were returned. Wouldn't you generally be sued in the county of which you reside? This creditor only occupies a presence in 4-5 counties in central Florida.

3. Can a suit like this be tried in a state court rather than a county court? I can't imagine it could be taken as high as a federal level. If so, does anyone know where I can access state court records for the State of Florida?

I'm trying to make sure I cover all avenues so I can be absolute certain that no legal action was brought against me.

Thanks.

 

[Debt Guy]

Q. Anyone know when the SOL actually begins in a situation like this? From the date of the first recurring delinquency or what?

A. SOL always begins with the date of default -- which is typically 30 days after you last made a regular payment. Some states provide for tolling the SOL for various events. I don't think Florida does.

Q. What courts should I search for a civil case potentially involving my name as a result of this creditor having taken legal action? This is a local creditor with it's principal/main offices in Hillsborough County, Florida. I live in a surrounding county. I have initiated a query, through online records access, in both counties for any civil case involving my last name. None were returned. Wouldn't you generally be sued in the county of which you reside? This creditor only occupies a presence in 4-5 counties in central Florida.

A. You would generally be sued in the county in which you reside unless you had agreed to jurisdiction in some other venue. I don't trust the courthouse online records, so I would call the court clerk and ask.

Q. Can a suit like this be tried in a state court rather than a county court? I can't imagine it could be taken as high as a federal level. If so, does anyone know where I can access state court records for the State of Florida?

A. What you call county court really is a state court (at least, so far as I know that is the way it is in most states -- I am not a Flordia resident). Call the court clerk and ask the difference. I do believe that FCRA actions can be tried in federal court -- I know that FDCPA actions can and I don't see why it would be different. After all, FCRA is a federal law.