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?


Asked on 12/21/00, 10:58 am

2 Answers from Attorneys

Elizabeth Boyle Law Office of Elizabeth M. Boyle

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.

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Answered on 12/27/00, 11:16 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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.

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Answered on 12/28/00, 4:51 pm


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