Know the Statutes of Limitations for Debt!
Florida has laws knowns as “statutes of limitations” that limit the amount of time a creditor or debt collector can sue you to collect on a specific type of debt. Once a debt is past the statute of limitations, a creditor or debt collector can’t legally bring a lawsuit against you over the debt. It becomes time-barred.
Some creditors or debt collectors will nevertheless sue you over the debt in hopes that you won’t realize that the statute of limitations expired--a shocking fact, we know! Filing a debt collection lawsuit after the statutes of limitations expired is considered an abusive practice under the Fair Debt Collections Practices Act (FDCPA). If you find yourself facing these circumstances, not only would you have grounds to get the case thrown out, but you could also pursue an action against the creditor or debt collector for violating the FDCPA. Keep in mind that the responsibility falls on you both to raise the statute of limitations as a defense and to seek damages under the FDCPA.
The Florida statute of limitations on debt collection for written contracts and promissory notes is five years. The statute of limitations on debt collection for oral contracts and open-ended accounts (including credit cards) is four years. While the clock generally starts ticking on the date that a payment is missed or the date on which the liability occurred, there are some nuances and exceptions when calculating the statute of limitations time period.
If you have questions about Florida’s statutes of limitations or would like to schedule a free case evaluation, contact us.
DISCLAIMER: Jackson Lee | PA appreciates you visiting this website. Please remember that this information is based on general facts and might not apply to specific factual situations. Please do not consider this information to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state.