Legal Question in Credit and Debt Law in Florida

In a civil case (credit card debt), if no action is taken other than the initial filing inside of the statute of limitations, how does the statute apply? In other words, I have been served, motions have been filed, but a hearing for final judgement has not happened. At what point can I say that the suit is time barred, or that it is beyond the statute of limitations?

Asked on 6/24/14, 9:19 pm

3 Answers from Attorneys

Robert Garven Robert Garven, Esq.

If the complaint is timely filed, the statute of limitations requirement is satisfied.

Read more
Answered on 6/25/14, 3:22 am
William Gwaltney William W. Gwaltney, Attorneys at Law

If the suit was filed prior to the expiration of the Statute of Limitations then the complaint will not be time barred. However, you should review the actual complaint and see what theory of law they are trying to assert. For instance, if they allege the suit is based on a verbal agreement, or a business relationship, i.e. Account Stated with no written contract, the statute of limitations is only 4 years, whereas with a written contract the SOL is 5 years. If they filed suit after 4 years from last payment/activity any claims brought based on something other than a written contract may be time barred.

You may want to have an attorney with experience in Debtor relief work take a look at the Complaint and the subsequent filings to give you an opinion on your case. While it may not be economical to fully hire an attorney to represent you in court on a relatively small matter, it may be beneficial to pay for some advice.

Read more
Answered on 6/25/14, 6:30 am

As the other attorneys indicated, Statute of Limitations applies to when the lawsuit is filed. The time is stopped while the lawsuit is taking place. Different causes of action carry different statute of limitation requirements as Mr. Gwaltney states in his response. If a Complaint has been filed and you were served properly, you have a certain amount of time by which to file a formal Response (typically must be done within 20 days in Florida). If the Complaint was filed beyond the Statute of Limitations requirement, then you can assert that as a Defense along with your Response. If you do not properly file a Response, the opposing party will likely file a Default Judgment--in which case, a Judgement is entered against you (you lose the lawsuit). Motions and other legal filings also carry time limits, which if not adhered to will significantly hurt your case. If you have an attorney, you should discuss these matters with him/her. If you do not have an attorney, I strongly encourage you to consult with one immediately. Many attorneys offer free or inexpensive consultation fees.

Read more
Answered on 6/25/14, 3:35 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida