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Infolawyer, Lawyer
Category: Consumer Protection Law
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Experience:  Licensed attorney helping individuals and businesses.
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Civil suit filed upon my wife in Florida court regarding old

Customer Question

civil suit filed upon my wife in Florida court regarding old credit card debt through a credit union. this was done on 9/21/2015. motion to dismiss was denied by court on February 22,2016.
Claimant is an attorney for a supposed successor to the defunct credit union where the debt was made but has shown no proof that this is true.
Claimant was asked to provide proof he had a right to this debt and provided none. Claimant was asked to provide proof that a payment had been made within 5 years of the origination of the debt but provided none.
My wife has not made a payment on this debt in over 5 years. It seems that the Florida Statute of Limitations should set aside this civil action. Since the state statute has been violated then, I believe, so has the federal statute (FDCPA). How should I proceed for her? She has until March 17th to provide the court and claimant an answer.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Did you argue statute of limitations in your motion to dismiss? If so, then why did the Court not dismiss the case if the statute of limitations has run?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

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