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)).
If you have other questions about Florida Statute of Limitations call SmithMarco, P.C. at 888-822-1777 or contact us here for a free consultation.
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