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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17500
Experience:  B.A.; M.B.A.; J.D.
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I was served a subpoena deposition claims, I assume a credit

Customer Question

I was served a subpoena for a deposition for small claims, I assume a credit card debt. I looked online on the clerk of court site. The "debt" in question is from 2009. The case has been closed several times. Now its reopened and I am to show up for a deposition. Is this debt still collectible? Has the statutes of limitations run out already? I have never made a promise to pay or never accepted the debt is even mine. If I do go to the deposition can I challenge the validity because of statute of limitations. Can I refuse to answer questions for what they call "discovery" and just basically go to court?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

I was served a subpoena for a deposition for small claims, I assume a credit card debt. I looked online on the clerk of court site. The "debt" in question is from 2009. The case has been closed several times. Now its reopened and I am to show up for a deposition. Is this debt still collectible?

Response 1: It is still collectible if the lawsuit was filed before the expiration of the Statue of Limitations, which 5 years for written contracts and 4 years for oral contracts in Florida. See Florida Statutes Chapter 95 Section 95.11(2)(b) and 95.11(3)(k)

The Statute of Limitations on a debt deals with the time a creditor/collector has to file a lawsuit to collect on its debt or forever barred from bringing up the lawsuit. The creditor may still use other means to try to collect the debt such as telephone calls and letters. However, without the threat of lawsuit, there is really nothing the creditor/collector can do. So, a debtor does not have to pay debts that are passed the Statute of Limitations. Finally, if a creditor files a lawsuit, the fact that the Statute of Limitations has run on the debt is an Affirmative Defense and the debtor must request that the Court dismiss the case because the Statute of Limitations has run on the debt.

The Statute of Limitations on a debt starts to run from the time the debtor stopped paying on the debt. Kindly note that paying anything on the debt will restart the Statute of Limitations period. So, the debtor must not agree to pay anything on a debt that has passed its Statute of Limitations.

Has the statutes of limitations run out already?

Response 2: See my first response.

I have never made a promise to pay or never accepted the debt is even mine. If I do go to the deposition can I challenge the validity because of statute of limitations.

Response 3: Yes, you can.

Can I refuse to answer questions for what they call "discovery" and just basically go to court?

Response 4: If you have been subpoenaed, you must appear for the deposition. Otherwise, you would be found in contempt of Court.