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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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In Florida. divorced in 2003, agreed to pay half of child's

Customer Question

In Florida. divorced in 2003, agreed to pay half of child's college, taken to court by x in 2007, she could not produce receipts and judge said she had to produce. finding out now that in 2009 a judgment was placed against me for a sum of money for college cost with nunc pro tunc back to 2007. has the statute of limitations expires after 8 years in florida in this type of case? (I am not a dead beat, just poor but working)
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. The answer that I will provide you with is not favorable so I ask that you do not blame the messenger. In Florida the statute of limitations on judgments is generally 20 years, so this judgment, if entered against you, is still valid and binding. I am unclear as to where you obtained the 8 year limit as Florida has a 20 year judgment for past debts. I am sorry! Sincerely, ***** *****
Customer: replied 1 year ago.
from bankrate.com did a search on statute of limitation on debt in florida
Customer: replied 1 year ago.
http://www.bankrate.com/finance/credit-cards/state-statutes-of-limitations-for-old-debts-1.aspx
Customer: replied 1 year ago.
the written contract they show is 5 years, but it has been 8 years since judgment
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. They found the wrong law. Here is the actual Florida code: 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state.(2) WITHIN FIVE YEARS.—(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.1(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (5)(h).(c) An action to foreclose a mortgage....... Sincerely, ***** *****
Customer: replied 1 year ago.
so for me, its 20 years?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Yes, it is, because this was ordered against you as a judgment. It becomes a 20 year statute. I am sorry! Sincerely, ***** *****