Legal Question in Consumer Law in Florida

There are two issues here. The first would be the validity of the debt and the person's right to enforce it through the Court and get paid, and the second would be if he was not paid, would he have the right of replevin (taking) of the item. An agreement for a payment or purchase that is set up to be for more than a year, if not in writing is voidable. This means that any contract lasting more than a year, is not readily enforceable if it is not in writing. However, in this case, you did make some payments and there would be some ratification of the agreement, therefore it issue is can he sue you for the money? There is a five year statute of limitation to sue for a contract, even an oral one, and that time starts from the date of your last payment, so if you made a payment in the last five years, he would be within the statute of limitations to sue you and obtain a judgment. He could also attempt to file a replevin action to take the shed. This would give him a Court Order to pick up the shed. However, you would have some affirmative defenses, the first again being that this contract was not in writing and that his failure to collect the money or the property for the period of time should be considered waiver. The second affirmative defense is that the removal of the shed after this time period and the investment and other improvements you made to it, would give the person you owe more value, than what you owe him. I would suggest finding a middle ground and a way to pay him something to settle the case. You should not benefit and get something "for free" that you admittedly agreed to pay for, despite the person's failure to attempt to collect the debt, because techically he is still within the statute of limitations to collect the debt.