Legal Question in Credit and Debt Law in Florida
Affirmative Defense - Statute of Limitations
What happens if you're sued for a debt you know the statute of limitations has expired on?
2 Answers from Attorneys
Re: Affirmative Defense - Statute of Limitations
You must raise the defense of the statute of limitations in writing at the first available opportunity, for example, a timely Answer to the complaint and/or by initial motion. Do nothing by what you say or sign to reaffirm the original obligation or waive the defense of the statute of limitations.
Re: Affirmative Defense - Statute of Limitations
The S/l is an affirmative defense that is not stated in your answer maybe deemed waived. If the debt is a consumer obligation you may have claims against other for violations of federal statutes.
I suggest you, at the very least, consult with a competent atty in your locale...before your time to reply expires.