QUESTION
Change of time on Statute of limitations for Credit card debt in Florida
Asked on Jun 10th, 2013 on Consumer Law - Florida
More details to this question:
We have been served a summons by a 3rd party debt collector for a Credit card debt that was last paid in late 2008, or January 2009. We believed it was a time barred debt,since the statute of limitations for credit card debt collections in Florida was 4 years. Apparently some time in 2012 the statute was changed to 5 years. Since our window of time began before the statute was changed shouldn't we still be working with the 4 year time frame? Or does the law go retroactive back 5 years from the time it was enacted? We are trying to form our answer to the law suit, should We include the time barred issue in the answer? If we include the time barred issue and find that it is not time barred, will that be held against us? Any advise you can offer on the standing of a 3rd party debt collector to file this suit will also be appreciated.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
As an active practioner in this area, I am not aware of any "change" to the statute of limitations as you describe. In fact the battle has been an interpretation of the "founded upon a written agreement" language of 95.11, where the banks claimed that credit card agreements meet this standard and I have sucessfully arhued that they rarely do. Is there a specific reference to this "change" your describing?
Answered on Jun 11th, 2013 at 3:59 PM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.