The statute of limitations for debt, or the liability to pay it off, doesn’t necessarily last forever. For all debts except real estate debt, the statute of limitations For Florida debt is five years. Written agreements can extend this time limit to debts. Florida has a five-year statute of limitations for credit card debt. So does medical debt. This means that a creditor can no longer sue you for payment after five years if certain events do not occur to keep a particular debt alive.
The statute of limitations For Florida debt is shorter than in many other states. In some cases, you might find a range between six and ten years.
There are exceptions to this five-year rule.
- Debts as a result of injury or property damage or deriving from an oral agreement have statutes of limitations up to only four years.
- For fraud debts, you can take legal action for up to 12 years.
- Unpaid property tax lien tax liens may be subject to an action for up 20 years.
- Some debts, such as court fines or alimony debt, are not subject to statutes of limitations.
Another thing that we are frequently asked about is: The statute of limitations For Florida debt does not apply to debtors who have sued you in court. The debt statute is not applicable if a creditor files a lawsuit.
The Beginning Of The Countdown
When does the statute of limitations For Florida debt start? If you have not made any payments or incurred the debt under a contractual arrangement, it starts. If you cause an injury and your debt is due to it, the statute of limitations starts on the date that the injury occurred. However, you have the option to restart the statute of limitations, as described below.
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Sometimes, the debtor extends the normal statute of limitations inadvertently. This applies only if there is a written agreement.
These Are A Few Ways You Can Make It Happen
Debtor Actively Avoids Creditor
It may be possible to extend the statute of limitations if you take action to stop the creditor from contacting you. This is more than just avoiding phone calls from debtors. If you move to another country after the statute has nearly expired and then return when you feel you are safe from being sued again, the creditor might argue that you did it to avoid them. In such a case, the statute would be extended for the period that you were not in the state.
Debtor Acknowledges The Debt
The other side of the coin is that if you confess to the creditor that the debt is owed, you can extend the statutes of limitations by entering into a settlement agreement, or making a payment towards the debt.
What You’ll Need To Do Is Make Your Case
Do not panic if you believe the statute of limitations has expired on a debt. You will need to file a case. It is important to prove when the debt was incurred, and when you last acknowledged the debt. The court will dismiss your case if you can prove that the statute of limitations has expired (most likely through a motion to dismiss). As you can see, it is not an easy task. It is a good idea to seek the advice of an experienced debt collection attorney if your debt is significant.
A Lawsuit Is Stopped By An Expired Statute Of Limitations
Let’s not forget. Your creditor can’t sue you in court if the statute of limitations has expired for your debt. You still owe the debt. Creditors can call you and do any other legal thing to try to collect it. If that debt is still on your credit report, it will stay there until the law prohibits it. Most debts can remain on your credit report for up to seven years, according to the Fair Credit Reporting Act (FCRA). If you don’t want to deal directly with debt collectors, there are many tactics that you can use. An effective way to deal with debt collectors is to hire an attorney and have them request that all communications be sent through them.
Contact Bruner Wright P.A.
Bruner Wright P.A. is a top-rated experienced law firm servicing the Florida Panhandle and the South Georgia area. Our practice has been very successful in helping people discharge their debts and handle both bankruptcy and foreclosure. We offer a personal service that is comprehensive and thorough in all aspects of our industry. We are responsive to the needs of our clients.
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