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i live in florida. my credit card debt wen delinquent july ...

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i live in florida. my credit card debt wen delinquent july of 2003 .   on dec 19th 2007 they filed a lawsuit against me. can they do this or are they out of time
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
In Florida the statute of limitations on credit card debt is four years from the date of default. In your case, if the account went delinquent on July, 2003, then they would have until July, 2007 to proceed with the lawsuit. Now if you ever acknowledge this debt with collections the statute of limitations would re-start. So if you have not ever acknowledged this debt with the credit card company or collections and you are sure that it went delinquent on July, 2003, then they are barred under the statute of limitations from suing.

You will need to request the court to dismiss for failure to act within the statute of limitations. You will need to present proof showing that your account was delinquent during the time you state.




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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply toCustomers Post: After I had been served I called the Law Office assigned to the case to see if they would settle. Is this acknowledging the debt or am I ok because it was after being served?
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply, Customer:

You would be okay because you were already served and they had no right to sue you as the statute of limitations has ran.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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