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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I am being charged back for a commission that was paid in 2007.

Resolved Question:

I am being charged back for a commission that was paid in 2007. Is there a SOL on this?
Submitted: 5 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If you have a written employment contract that allows them to take back commissions in certain circumstances, the statute of limitations is five years. Fl. Stat., Section 95.11. If that's the case, you actually need to look at the exact date they paid you that commission. If they don't file suit within exactly five years from that date, the claim is barred. Do NOT acknowledge the debt or agree to pay, as that will reset the statute - you don't want that.

If they're claiming a breach of an oral agreement of some sort, the statute of limitations is four years, in which case it's too late. And, if they're planning to bring an action "to recover wages or overtime or damages or penalties concerning payment of wages and overtime," then the statute of limitations is two years. So, in those cases, it's much too late. Still, if you promise (in writing) to pay a debt after the statute of limitations expires, that is binding on you, so don't try to delay by telling them that you'll pay. Fl. Stat., Section 95.04.

Good luck.
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