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  1. #1
    Join Date
    Sep 2009
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    12

    Default What Exactly Restarts the Statute of Limitations (SOL) in Florida

    The debtor resides in Florida. Did the debtor's statement restart the SOL clock?

    As background, I have a signed promissory note that is older than 5 years old, which I believe is the SOL in FL. Fast forward to late last year where I emailed the debtor reiterating the terms from our promissory note (outstanding balance, monthly agreement) in an attempt to work out a new repayment plan.

    In his reply, he does not dispute any of the promissory note terms and states that "I will call you tonight so we can establish a plan for you to be paid back ... I am going to make payments to you"

    Did this statement restart the SOL clock? If not, what exactly needs to happen in FL for a SOL clock to get reset?

    Thanks in advance!

  2. #2
    Join Date
    Apr 2010
    Posts
    20

    Default Re: What Exactly Restarts the Statute of Limitations (SOL) in Florida

    Someone else might chime in but I think the only thing that should restart the SOL would be making a payment or partial payment on the account.

    I believe it goes by the date of last activity on the account and many people make the mistake of making a payment close to the SOL being up and that will restart the SOL.

    I hope I am correct but someone I am sure will know the Florida laws on this matter.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
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    2,344

    Default Re: What Exactly Restarts the Statute of Limitations (SOL) in Florida

    That's my understanding as well. But the SOL in Florida is 4 years.

  4. #4
    Join Date
    Sep 2005
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    Default Re: What Exactly Restarts the Statute of Limitations (SOL) in Florida

    A written, signed promise to repay a debt that is otherwise barred by the statute of limitations is enforceable.
    Quote Quoting Florida Statutes, Sec. 95.04 Promise to pay barred debt.
    An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.
    I have not researched the degree to which his placing his name on an email could be construed as a "signature".

  5. #5
    Join Date
    Sep 2009
    Posts
    12

    Default Re: What Exactly Restarts the Statute of Limitations (SOL) in Florida

    Thank you everyone; does anyone know where I could try and find if an email alone vs an old fashioned letter + signature held up in court? I mean, I know fake courts like Judge Judy will recognize emails as binding (ie probably arbitrators also do in real life) but have no clue about real courts.

  6. #6
    Join Date
    Sep 2005
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    Default Re: What Exactly Restarts the Statute of Limitations (SOL) in Florida

    You can research case law on sites such as LexisOne and Google Scholar.

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