Legal Question in Credit and Debt Law in Florida

I just received a summons for a credit card debt I have for $1600. The debt was from 2008 but sold to collections agency in 2012? Isn't there a SOL in Florida of 5 years? I've had financial problems since 2008. I'm currently unemployed and losing my home. Do u have any good advice for me? I've never been in a situation such as this one. I would appreciate any help you can give me.

Thank you!


Asked on 6/30/14, 4:29 pm

1 Answer from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

Yes there is a Statue of Limitations of five years but it is not grounds for a dismissal, only an affirmative defense and if any payments were made during the five years, the Statue of Limitations can restart. Many debt collectors sue even after the statue of limitations because if a debtor does not claim the affirmative defense a judgment could still be obtained.

My firm handles these types of consumer defenses so please call 941-799-3015 for more information.

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Answered on 7/01/14, 4:18 pm


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