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  1. #1
    Join Date
    Nov 2007
    Posts
    127

    Default Credit Card Statute of Limitations

    i am being sued in florida for a cc debt that i stopped paying in june 2002, by my addition it is almost 5 1/2 years old, when i go to pre trial small claims court next week, my intention is to give judge a motion to dismiss siting florida statutes on sol. is this correct? is there anything else i need to worry about, do i file for a summary judgement also. i will attach a credit report showing cc claiming i stopped paying at that time, is that sufficient? is the judge supposed to accept this motion at this time? has anyone else had this happen? i assume the lawyer is just hoping i wont show up to get a default. at the pre trial, do i also ask for things like verification of debt, copy of contract, how debt calculated etc, or is this necessary because of sol defense. thanks for any help

  2. #2
    Join Date
    Nov 2007
    Posts
    127

    Default Re: statute of limitations

    i have been reading some of the posts,and need to add that i have been living in florida for 3 years, i moved from california which i believe also has a four years statute, does this affect the sol in florida?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: statute of limitations

    You can find a guide to Florida small claims court and its procedures here.

    Take in proof of both limitations periods (print out the statutes). Normally, absent proof to the contrary, a court will presume that foreign law (and that term encompasses the laws of other states) is the same as state law; but it can't hurt to prove that the debt has expired in both states.

    (I do not know if you properly raised the statute of limitations defense when you answered the complaint.)

  4. #4
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Credit Card Statute of Limitations

    i have not answered anything yet as my pre trial is dec 4th, i am not sure what you mean, requesting a dismissal based on sol, is not enough? is that what is called a affirmative defense?

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