Ask Experts Questions for FREE Help !
Ask
    jmax31's Avatar
    jmax31 Posts: 10, Reputation: 1
    New Member
    		  
    #1

    Sep 20, 2007, 11:26 AM
    Any case law pertaining to FL SOL on CC debt?
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    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)).
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Company Law Case [ 13 Answers ]

Can anyone give me any website link which talks about Adams Vs. Cape plc (south africa)? It would be appreciated if anyone can help me giving the summary of this case. Thanks in anticipation.

Summon from Collection Agency on Old Credit Card Debt (SOL expired) [ 6 Answers ]

I received a copy of a Summons and Complaint in my mail box. It was mailed by first class mail. This Summon is from Asset Acceptance, a debt collector agency. They have bought over my Providian credit card account which has been charged off (with last activity in April 2001 - based on my latest...

SOL in Ontario for collection of old debt [ 8 Answers ]

Approx February 2005, at the time my husband and I had our own business it was incorporated. The company purchased supplies from a local company, we fell under financial difficulty and in the beginning of Jan 2006 we closed the business due to financial problems. I was just recently contacted in...

Past SOL expiration cc debt [ 8 Answers ]

Good Morning, My question has to do with SOL expired credit card debt. I have not received anything in the mail (have had a few states of residence), only phone call messages. There is never anyone on the other end when I answer, they are just leaving messages every day. 1) Is it likely or...

SoL Debt Collection in Ontario [ 2 Answers ]

I just had (Sprint Canada) call me stating that I have an outstanding debt from a residence I lived in about 7 years ago (1999). They told me that (Rogers) had bought out Sprint and that this was their last attempt to collect this debt. I asked them to send me proof of my debt with them, but...

View more questions Search