Florida Consumer Debt Collections – Old Debts and the Statute of Limitations
In any case concerning creditor defense, most debtors will make some attempt to consider an account’s age in regards to debt collection state laws in Miramar. While this is a typical tactic that a debtor’s attorney will utilize, the debtor may also state that they uncovered a law themselves.
Many times this information will outline that the creditor cannot sue them on a Florida debt over the age of five years. They may also determine that they opened the account years ago without experiencing creditor contact in some time.
Unfortunately, for the debtor anyway, they are almost always wrong. Although numerous different provisions exist concerning Florida’s statute of limitations, this is not applicable to non-judicial collection efforts on consumer debts in the state of Florida. Under debt collection state laws in Miramar, and throughout Florida, creditors can make collection attempts for years after the applicable statute of limitations.
Debt Collection State Laws in Miramar – Florida’s Statute of Limitations
Florida’s statute of limitations is the maximum time limit in which a creditor can file a claim as a lawsuit. However, many non-judicial remedies remain available to a creditor. Nonetheless, these lack the staunch legal ramifications that a lawsuit imparts.
In almost any case, documents, evidence, as well as witness recollection don’t age particularly well. As time passes, attorneys can no longer litigate with optimal, fresh evidence. Generally, the law rarely favors any party who willingly decides to sit on their rights when prosecution remains optimal.
Section 95.11 Florida Statutes outlines an applicable statute of limitations under debt collection state laws in Miramar to almost any consumer debt scenario.
This provides a five year limit on debts that a creditor founds utilizing a written instrument. Otherwise, a four-year limitation applies. Nevertheless, this refers specifically to legal actions, lawsuits, and more.
Concerning civil judgments in the state of Florida, creditors wield actionable remedies for a 20-year duration. This means 20 years from the date of judgment entry. Many debtors will attempt statute of limitations defenses to judgment proceedings thinking that they remain safe due to the aforementioned five year period.
Debt Collection State Laws in Miramar – Determining the Age of the Debt
For many cases, creditors must determine the last activity date on an account. This includes payments, charges, and credits. They must then calculate forward for the applicable time period.
If the creditor files a lawsuit within this period, they should experience no issues concerning the applicable statute of limitations. When they file an action outside of this applicable time period, the debtor may try to dismiss the claim, potentially disposing of the entire lawsuit utilizing a statute of limitations defense.
Most courts will view this as a comprehensive defense to any legal action under these circumstances. Unfortunately, this may also involve underlying consumer protection law violation issues if they sue outside of the applicable statute of limitations period.
In practice, both creditors and debtors must account for many other considerations. Events and circumstances may suspend a debt’s running time. Additionally, a debtor cannot blurt out the words at a hearing or write them out on some stationary and mail it to the court.
Debtors and their defense attorneys must properly plea a statute of limitations defense for an effective resolution. This may involve requesting a leave of court to amend pleadings under debt collection state laws in Miramar. In these scenarios, both creditor and debtor require experienced, professional legal counsel.
Without properly crafting and presenting this defense, a debtor may experience a judge throwing out their case entirely. Consequently, for creditors, they must also utilize an experienced legal team to help them resolve the issue. Without solid defense, the court may easily reward victory to the debtor’s defense team.
Debt Collection State Laws in Miramar – the Law Offices of Paul A. Humbert, P.L.
Our firm prides themselves on working closely and intimately with clients to obtain the best possible outcomes in court, as well as at the negotiating table. We can put our years of litigation experience to defend your rights in court.
The Law Offices of Paul A. Humbert, P.L. wield many years in both prosecution and defense for a variety of clients in debt collection cases. We possess a substantial understanding of debt collection state laws in Miramar that remains necessary to help achieve the best possible results in cases of this nature.
This diverse range of experience on both sides of the courtroom places our firm in a unique position of understanding. Regardless if a client needs creditor defense assistance, or help to defend against creditors, we remain an ideal solution for their needs.
Paul Humbert and his attorney team do everything in their power to design and implement comprehensive options. Clients may not even know many methods exist before their first consultation. For this reason, we recommend scheduling a consultation even when a client feels legal intervention may remain unnecessary.
Bringing over 20 years of combined experience to the table, when clients need attorneys well versed in debt collection state laws in Miramar, or throughout Florida, we can answer the call. Debt collection law is serious business. There is no reason to endure this legal strife alone.
For more information on how the Law Offices of Paul A. Humbert, P.L can help you with a case, contact our professional attorneys for a consultation today!