Legal Question in Credit and Debt Law in Florida
I am being sued by my credit card company for a debt that was last paid on June 2010 in the state of Florida. They put in the initial complaint in June 2014 but I was never served any documents. I was ultimately served on June 2015. At this point the statute of limitations had run out 4 years in Florida. I responded as such and requested documents to prove last payments, amount, how they were paid and contract. They never produced and I requested Motion to Dismiss/Vacate Judgement. Few months later they produced and now put in a hearing. Is this right? I am a pro se litigant and obviously cannot afford an attorney.
2 Answers from Attorneys
Statute of limitations on contracts is 5 years - verbal is 4. Why did you wait a few months. When they did not comply within 20 days they were in default and you could have dismissed. I suggest you go to the hearing, bring your evidence of payment .
Statute of limitations on contracts is 5 years - verbal is 4. Why did you wait a few months. When they did not comply within 20 days they were in default and you could have dismissed. I suggest you go to the hearing, bring your evidence of payment .
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