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Statute of Limitations for Debt in Florida and for Military Member

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  • 03-08-2011, 01:00 PM
    Knight85
    Statute of Limitations for Debt in Florida and for Military Member
    My question involves collection proceedings in the State of: Florida

    My husband is active duty Army and has been since 2006. Before the Army he wasn't the most responsible young man and has A lot of debt from 2004-2006. I have been working on trying to clear some of it up and just came across this statue of limitations. My question is, does the statue of limitations pause when he moves each time for the army? even if it is with-in the US.
    My other question is as military his home of record is Florida, and he has a debt from when being stationed in texas, do we go by florida or texas Statue of limitations. ( the debt from texas was a cable box that was broken and time warner is charging him 800 for it and it is past due)
  • 03-09-2011, 10:18 PM
    Mr. Knowitall
    Re: Statute of Limitations for Debt in Florida and for Military Member
    The statute of limitations applied will normally be that of the forum in which he is sued, unless that forum has a "borrowing statute" that looks to the limitations period for the state in which the cause of action accrued. Most borrowing statutes only apply the out-of-state limitations period if it is the same or shorter than that of the forum state.

    Depending upon where the claim is filed, your husband's absence from the state may toll (extend) the limitations period.
  • 03-10-2011, 09:48 AM
    Knight85
    Re: Statute of Limitations for Debt in Florida and for Military Member
    right that is what I am trying to find out. Since he is military and moves every 3 years or so because of the military. It isnt very "fair" that because he is army this debt can follow him literally forever. Do you think if anything was taken to court and we came with the statue of limitations defense and then the creditor says we moved , could we say we move because of the army and our address is always on the credit report and yada yada.
  • 04-04-2011, 04:39 PM
    Knight85
    Re: Statute of Limitations for Debt in Florida and for Military Member
    I am looking for move incite on this post i made. Our address of record has always been in Florida could that help him with the statue of limitations or will these debts haunt him forever because of moving.
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