Jump to content

Statue of Limitation Questions

Recommended Posts

Need some clarification as to when you can use SOL as a defense and a request to dismiss a case?

I have an alias summons pending against me - never been served - learned about it through the internent!

It's for a CC debit that would be considered dated as of April 2007. (4 yrs - Florida) I believe that the CC Company started trying to find me last Dec?

# 1 Can I use SOL as a defense when I address the summons?

# 2 What termanolgloy is used when preparing your statement?

# 3 I keep reading that "date of last activity" is the last date you made a payment - on what basis has that been determined? (again for addressing the summons)


Link to comment
Share on other sites

Statute of Limitations is an affirmative defense that can be alleged any time after the time period has run.

The time begins to run when a cause of action arises (usually that happens on the date a payment was due and you didn't make your payment).

Now, unless your credit card is a store or merchant card, the SOL in Florida is 5 years, not 4. Example; a regular VISA or MasterCard as opposed to, say, JCPenney or Macys.

Link to comment
Share on other sites

There was an earlier post on here where a Florida court ruled that a credit card was not a written contract because it did not contain all of the elements of a contract--that is, submitting the application in and of itsself did not create a debt; the debt is created at some point after the card is received or used. The court ruled that because of this, the SOL on CC debt was 4 years.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.