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View Full Version : Any case law pertaining to FL SOL on CC debt?


jmax31
Sep 20, 2007, 11:26 AM
Hello again,

I'm representing myself in court soon due to being sued for a past credit card. I'll be using the SOL defense and have already filed the appropriate papers with the court. My question: Is there any case law out there that shows the Florida SOL is indeed four years for credit card accounts? I just want to have any extra ammunition I can get when I go to court. Thanks!

JudyKayTee
Nov 5, 2007, 02:33 PM
Florida Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

(Fair Debt Collection.com)

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).