statute of limitations on debts in florida

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statute of limitations on debts in florida

Statute of limitations on debts in florida

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A statute of limitations is a statute that sets the maximum period of time that the legal proceedings can begin. The legal proceedings here are based on certain events and after these events the legal proceedings can be started. As per most of the jurisdictions certain limitations are provided under certain circumstances. This means that this prevents the time for filing the suit from running when the events still exist.

Statute of limitations on debts in florida

Statute of limitations on debts in florida

Statute of limitations on debts in florida

Statute of limitations on debts in florida

There are statute of limitations law which govern the different situations about the time allowed to file the suit. In the case of a private civil matter the law allows that the limitation period may be shortened or extended if both the parties agree on it.

For any kind of statute of limitations help you are free to contact us. Our statute of limitations lawyer and statute of limitations attorney have vast experience in the field and will suitably guide you through your case. They will discuss the case at length with you and advise all the provisions by law. With their advice you will know how much time is available for you to file the required suit and they will also help you further with all the required proceedings

Search Results for: Florida Debt Collection Laws And Statutes Of Limitations

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Know The Time Limits For Filing A Lawsuit Statutes Of Limitations In Your State

What is the Statute of Limitations for Debts in North Carolina?

You might be wondering exactly what “statute of limitations” means. The statute of limitations is the time period a creditor can still sue you for debts. Creditors only have a certain duration of time they can attempt to collect a debt by suing you. If the creditor fails to successfully collect the debt or file a lawsuit before expiration of the statute of limitations, then the debt is no longer applicable for collection by a lawsuit against you.

Statute of limitations on debts in floridaIn North Carolina, Section 1-52.1 of the North Carolina Rules of Civil Procedure explains the statute of limitations for debts is 3 years for auto and installment loans, promissory notes, and credit cards. This means if a creditor is going to sue you, they must do so within three years from the date of your last charge or activity on the card. Now the magic question is, what is activity on the card? This is a source of litigation throughout the state. There are many times no clear-cut answer to this question. The creditor may claim there was activity on the credit card or personal loan within the past three years before the lawsuit was initiated. It would then be your word against their word as to when the last activity on the card took place.

The law states after the three years has passed, if the creditor has not sued you for the debt, they are barred from filing a lawsuit against you for that debt. However, they may still call and request a payment from you. They cannot successfully sue you if the statute of limitations has expired and you raised that defense in your legal response to the lawsuit.

Now let’s clarify this last statement. Anyone can sue anyone! So the fact is they may sue you on the debt, but you have the defense on the lawsuit the statue limitations had expired and the lawsuit should be thrown out of court. However, to raise this defense of the statute of limitations against the lawsuit, you must file a legal answer with the court and appear in court to state your defense of the expiration of the statute of limitations. If you do not raise this defense, you will probably lose the lawsuit.

The statute of limitations for debts timeframe is different for each State. For example, most debts are three years in North Carolina, but six years in Hawaii. Depending on which state you live in the timeframe of the statute of limitations will vary.

Beware though, although you may believe the statute of limitations has run on a creditor’s ability to collect a debt, if there was activity on the card or if the creditor has filed a lawsuit, the statute of limitations may not have expired. Be careful assuming the statute of limitations has run on a debt – be sure to fully research your debts and when they were last used. You need to raise the defense of the expiration of the statute of limitations in your legal response to the lawsuit.

Statute Of Limitations & Debt Enforcement

If you are like many Americans struggling to make ends meet, you may have already begun the process of declaring bankruptcy. Bankruptcy exists to help people deal with their debts, allowing them to discharge some debts and better manage others. There are many factors anyone considering declaring bankruptcy should become familiar with, which is why it is so important to have an experienced Central Florida bankruptcy attorney on board throughout your case, making sure that deadlines are met so that you can fully begin your financial life anew.

Kissimmee’s bankruptcy lawyer Walter F. Benenati has the skill and knowledge you need to learn everything there is to know about the bankruptcy process, including the statute of limitations for debt payments and how to deal with debt enforcement.

Many people ask, “If I filed bankruptcy in 2004 or 2005, when can I file bankruptcy again?” A lot of people are surprised when I tell them the law changed in 2005 and for some reason many people think it is seven years until you can file bankruptcy under a Chapter 7. That used to be the law. Now it is eight years until you can file a Chapter 7 bankruptcy. Many clients hire us well before the time they can file and begin a payment plan to us so at least we can handle all their bill collector calls. We handle harassing debt collector calls from the first day a client hires us.

Florida Statue of Limitations on Debts

A statute of limitations on a debt is the period of time following the last payment made on an account, during which a creditor can fairly sue for payment. Once the statute of limitations has expired, however, the debtor no longer has to pay.

In the state of Florida, the statute of limitations is five years for written agreements and four years for oral agreements. Statutes of limitation on debts do not affect how long they may be listed on your credit report, which is usually around seven years.

When you are contacted by a collections agency for the first time, they are required to send you a written notice in the mail within five days. The notice must include three important pieces of information:

  • Total amount owed
  • Name of your original creditor
  • Actions to take if you wish to dispute the debt

If you have representation by an attorney, then collectors should contact your attorney instead of you. If a collector contacts you to demand payment on a debt that you believe to have been paid or that you do not recognize, then you must dispute the debt with 30 days of initial contact with the collections agency.

Filing for bankruptcy in the state of Florida is a complex process, with many deadlines and details that need to be followed to the letter or the case may be dismissed. By contacting the Benenati Law Firm, you ensure that you have the finest in bankruptcy representation in Central Florida. Call him today at his Orlando office at 407-777-7777 to make sure you can begin again.