First off in Florida the statute of limitations
on a debt is 5 years, although any payments on the debt will restart the statute as will any time out of the state.
The only question is whether it is 5 years from the date of default or 5 years from the date of the last payment.
It is not unusual for the wrong person to be sued on a debt however. My first suggestion is that your relative hire a lawyer to file an answer and coutnersue for attorney's fees as sanctions for a "frivolous lawsuit".
If they are unwilling to hire a lawyer they need to file an answer. The best way to do this is to go to the courthouse and look at another, similar case where someone is sued on a debt and has an attorney file an answer. They should use the attorney's for a form. They should also plead "affirmative defenses
" of mistake of party and statute of limit.ations. The pleading they file should be a "sworn pleading" and attach an affidavit. Again, use one that has already been filed by an attorney as a guide.
They really should hire an attorney to help though. It would be a shame for them to mess up and lose a suit when they aren't the proper party.
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