Legal Question in Credit and Debt Law in Florida
How do you file a motion to dismiss?
I was recently served a summons. I am being sued for an old credit debt that is no longer even on my credit report. The statute of limitations in my state is 4 years and this debt is at least 5 years old. I understand that this is my defense, but what is the procedure for informing the courts. Do I just write a letter or do I have to do some kind of formal request? I purchased a credit report and the deliquent account is nowhere on it. How do I prove that this debt is beyond the statute of limitations?
1 Answer from Attorneys
Re: How do you file a motion to dismiss?
If the claim is based upon credit card purchases then the applicable s/l may be 5 years not 4. The result is dependent upon how the complaint was drawn. but to reply to your question, you MUST amongst other things affirmatively plead the s/l as an affirmative defense. If you dont that defense is lost. In addition you may have relief under the provisions of the FDCPA.
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