Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Florida Statue limitation - 95.051 (https://www.askmehelpdesk.com/showthread.php?t=299165)

  • Jan 4, 2009, 07:58 PM
    kay68
    Florida Statue limitation - 95.051
    Ok I had a car repo'd back in 1986... in 1987 they placed a Judg... so now they are trying to collect the origin amount - 4200. Which is now of 20k with interest... I just wanted to betted understand the (required poration on the law that states it JUDG has to be re-recored) - and also 1st line below 5year is a car loan not that of a written contract?

    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.

    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)).
  • Jan 4, 2009, 08:06 PM
    Fr_Chuck

    You stated they had a judgement, so no other statue of limitation matters, only the time frame on the written judgement. So have you went to the court and reviewed the judgement to see when the current judgement on file expires.
  • Jan 4, 2009, 08:46 PM
    kay68

    Not yet , it was in Oceaola Clesrk of Courts but the records on file their do not show an exp date. What I found was the original Judg in 1987... then the court has a copy on same file dated 1994... Then nothing until 2007... now they are going to Garn my wages. The original bank was merged to another bank and then another bank from what I have found out. It is so confusing. The law seems so open... Would make sense for all Lendors (Auto) to wait if this be the case so that they can collect 20 years of interest. I just don't understand and I do not know how to find out. Any infor would be great...
  • Jan 15, 2009, 07:49 PM
    kay68
    Florida Statue of Limitations
    If a judgement was entered on 8/30/1988... would the collection limitations be now past. This was for a car loan in which the car was repod in 1987. Then the judgement entered on the above date. Of course I had to look it up, but the court shows the case open ?
  • Jan 16, 2009, 06:06 AM
    JudyKayTee
    Quote:

    Originally Posted by kay68 View Post
    If a judgement was entered on 8/30/1988.... would the collection limitations be now past. This was for a car loan in which the car was repod in 1987. Then the judgement entered on the above date. Of course I had to look it up, but the court shows the case open ?


    Florida Judgments are good for 10 years, renewable for another 10.

    This should be combined with your other thread which is the same question - but with a different date.
  • Jan 16, 2009, 12:43 PM
    this8384

    Agree with Judy and Fr_Chuck. SOL doesn't apply because you've already had a judgment placed against you for this.

  • All times are GMT -7. The time now is 07:50 AM.