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Wachovia bank is coming after me for a overdraft balance of…

Customer Question
Wachovia bank is coming...

Wachovia bank is coming after me for a overdraft balance of 335.00 from 2009. can they do that?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Fl

Lawyer's Assistant: Has anything been filed or reported?

I they said i will be getting a summons on 9/21/17

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don;t think so

Submitted: 11 months ago.Category: Legal
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Answered in 11 minutes by:
9/19/2017
Lawyer: Bill Attorney, Lawyer replied 11 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,821
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your legal question today. I'm attorney Bill assisting you with your debt recovery question in Florida.

Debt recovery where no formal judgment has been rendered in governed by statutory limitation periods in Florida.

For most types of actions the maximum period is 5 years.

"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.

(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), "

Hence in response to their civil claim you can assert the above statute reference as a defense to their recovery.

You need to file an answer to their complaint to avail of this defense.

Please follow up with me until we get this matter sorted.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

As I'm not an employee of justanswer I rely on your positive feedback to get a credit.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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