Legal Question in Credit and Debt Law in Florida

If you were served originally and defaulted, then you will be out of luck. If you were never sued, you need to move to set aside the original judgment.

Are you saying that the last payment was made in 2002, but they are saying that the account was placed into default in 2007? If that's the case, it's probably too late for them to sue you. The statute of limitations is 5 years, and it expires 5 years after you made the last payment. However, if you agreed to continue paying at some point in there, it may start a new 5 year period. The word "default" is a legal term that means that you were sued and did not respond to the complaint filed in court. I think that you mean that the account was placed in default, not that you are in default because you failed to respond to the lawsuit. If the last payment was in 2002, then you probably should file a motion for "summary judgment" stating that it was more than 5 years since the last payment when they filed the lawsuit. Hopefully, the judge will dismiss the case based on this. You may wish to consult an attorney too, as these things get tricky.

Show up for the hearing, plead your case that this account is over five years as my colleagues have suggested. The worst that could happen is that the judge may ask you to mediate the amount due and you will have to pay. Otherwise, he may rule in your favor and grant you a summary judgment dismissing the case.

If you are in south Florida ( Dade, Broward, or Palm Beach), I handle these types of cases and generally get fees and costs from the collection agency. If you wish, send me the papers via email or fax, and I will give you a free review to tell you what I can do ( 954-765-0545, email [email protected]). Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.