being sued.

I am being sued in small claim court for credit card default. the sol has expired. How do I prove to the court or introduce this defense? I reside in Florida. p.s. I have tried to hire a lawyer but seems no lawyer is interested in my case.

[JETX]

Since this is small claims, you probably won't need to file a formal notice. Just send the court a letter detailing the debt, the last 'action date' of activity on the account. Ask the court to dismiss the case due to the expiration of the debt.

BTW, the SOL in Florida for credit card debt is 4 years.

[bigun]

Flagator,

Just curious. Why are you having trouble finding a lawyer? It seems like a SOL defense would be pretty easy. Is there some dispute as to the date you defaulted?

If you're in Fl, there's going to be a pre-trial hearing in small claims court. That's not the trial date...it's just the day that you and the plaintiff show up to determine if there's a need for a trial.

Go to that pre-trail hearing and explain to the judge that the SOL has expired (bring proof if you have it), and ask for the case to be dismissed. If for some reason the judge doesn't dismiss the case based on the SOL, he/she will set a trial date for a few weeks in the future. You will then have that time to find an attorney to handle the case for you. If you do need an attorney, just ask around at the pre-trial... one of the attorneys in small claims court will know of someone who handles that type of case.