Florida Statute of Limitations on Debt Collection
Filing lawsuits beyond the statute of limitations is not too
uncommon. Many creditors or debt collectors will file a lawsuit
against the consumer even though they are aware that the statute of
limitations has expired on the case…or, they did not have any idea
because they had no records of when the account became a charge
off. They are just hoping you don't bother defending yourself.
Regardless, if a debt collector or a debt buyer that has taken over
the debt files a lawsuit on a debt where the statute of limitations
has expired, not only can you dismiss the case, but you may have
rights to pursue that collector or buyer under the Fair Debt
Collection Practices Act.
The FDCPA prohibits collectors from taking action to collect a
debt that they cannot legally take. In many states, filing a
lawsuit beyond the statute of limitations is a fundamental
illegality. If they have taken this step, you have rights to pursue
under the FDCPA.
Contract or written instrument and for mortgage foreclosure: 5
years. F.S. 95.11.
The limitations period begins from the date the last element of
the cause of action occurred, (95.051). NOTE: The limitation period
is tolled (stopped) for any period during which the debtor is
absent from the state and each time a voluntary payment is made on
a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all
limitations period, (F.S. 95.11(3)(p)).
Call SmithMarco, P.C. at 888-822-1777 or contact us
here for a free consultation.