QUESTION

Can I still be sued, I am several years past the statute of limitations but we did go to court in 2008 but no payments were made

Asked on Dec 10th, 2013 on Debtor and Creditor - Florida
More details to this question:
I have an old loan with a credit company that is several years past the statute of limitations in the state of Florida. The creditor had their lawyer send me a Plaintiff's Interrogatories in Aid of Execution. We did go to court for this debt back in 2008 and a payment plan was agreed upon of which I did not hold up to my end of the agreement. Does that court date modify the statute of limitation if I did not make a single payment upon that agreement? Can they still suit me? I am trying to work out and agreement with the their law firm now, but I want to avoid a lawsuit and having to produce my financial information to them.
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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If you went to court already and made an agreement to pay, that means you probably entered into a Payment Stipulation at the time.  When you did not pay, the law firm probably filed an affidavit that you failed to pay and obtained a Final Judgment against you.  The old Statute of Limitations (which was probably 5 years) does not apply once a judgment has been entered -- a judgment is valid for 20 years.  The fact that you received "Interrogatories in Aid of Execution" is indicates that you already have a judgment against you.  You can verify this by going to the Clerk of the Court's web site for your county and looking up your name to see if there is a judgment. As long as the judgment is valid and unpaid, the judgment creditor is entitled to receive your financial information.  If you refuse to provide that information, you could be held in contempt of court and put in jail until you provide the information. If you are able to work out an agreement with the law firm (but before you make the agreement or sign anything), you may want to get the agreement checked out by an attorney who practices in the Creditor/Debtor area.  Once you have paid the full amount of any agreement, the creditor's law firm should issue a "Satisfaction of Judgment" to show that the judgment has been paid.
Answered on Dec 10th, 2013 at 1:46 PM

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