Author Topic: Case Law - FL Credit Card SOL 4 Years  (Read 9596 times)

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BellEbutton

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Re: Case Law - FL Credit Card SOL 4 Years
« Reply #15 on: May 27, 2013 04:48:13 AM »
  in Florida failure to be able to show the consumer was provided notice of an assignment (sale) of the debt within 30 days of the date the sale happened makes the claim unenforceable per s. 559.715 of the Florida Statutes.

 
http://www.nclc.org/...lvnv_harris.pdf

 
LVNV Funding v Harris

CASE NO.: 08-1018 CC23 (4)

The statute does not state that an assignee must notify the consumer of an assignment within 30 days of the sale.  It states that the consumer must be notified at least 30 days before any action to collect the debt.

559.715 Assignment of consumer debts.—This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt.

quill

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Re: Case Law - FL Credit Card SOL 4 Years
« Reply #16 on: May 27, 2013 07:14:42 PM »
I figured someone would eventually click the link.  :lildevil:

:wave:

LOL,  funny finding you here.... !

 

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