Legal Question in Credit and Debt Law in Florida
Statute of Limitations
I have never been served with any papers about a civil small claims action filed against me from Assett Acceptance Corp. The debt is 5+ years since last activity according to my credit report in my posession. I have been told that there was an small claim action filed but I was never served and to date therefore no judgment against me is on record. If this action was filed before the statute expired does the clock stop? Am I still safe under the ststute of limitations?
Asked on 4/13/05, 12:59 pm
1 Answer from Attorneys
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
Re: Statute of Limitations
If suit was commenced and a judgment obtained, there is little you can do but try to vacate the judgment and have the claim dismissed. If you are successful the s/l should bar a renewed action.
Answered on 4/14/05, 6:10 pm