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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99502
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Last payment on a credit card was 9/2/2011 before I

Customer Question

Last payment on a credit card was 9/2/2011 before I defaulted. An attorney who probably bought the debt filed a suit against me last month. Does the statute of limitation (Florida) apply if they filed suit before the five years? Mediation date is set for September 30.
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 month 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.

I am sorry to hear about this situation. The statute of limitations in Florida is five years for a written contract under F.S. §95.11(2)(b). This means that if the last payment was on 9/2/2011, the statute of limitations is up on 9/2/2016. As such, if the attorney filed the lawsuit in August, they beat the statute of limitation by about a month, meaning the suit is not constrained by statute of limitations, I am afraid.

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