Legal Question in Credit and Debt Law in Florida

Collections Statute Of Limitations

I am in florida and have an old credit card bill..Last activity on the account was 6/02..Statute says 5 years..Does agency attempt to serve papers 10/06 stop the statute of limitations..or is the date of last activity 6/02 the key date. I believe the SOL has expired, Am i Correct? Fyi i was in court today to argue this point..The judge has not ruled. What do you think


Asked on 10/25/07, 5:32 pm

3 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Collections Statute Of Limitations

i will not substitute my opinion for that of the judge. nor for your's.

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Answered on 11/01/07, 5:45 pm
Scott Behren Behren Law Firm

Re: Collections Statute Of Limitations

Sounds like the Stat of Limitations has run. I have had great success fighting off these collection agencies and companies that try to sue on old bad debt. Feel free if you would like to discuss with me further.

Scott Behren

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Answered on 10/25/07, 10:31 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Collections Statute Of Limitations

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the case was filed prior to the expiration of the Statute of Limitations, then you will lose your argument. The filing date is the important issue, not the date of the eventual hearing.

Scott R. Jay, Esq.

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Answered on 10/26/07, 12:22 am


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