Time Limit On Filing Cases?

[pferde01]

What is the name of your state (only U.S. law)? Florida


My spouse was served with a summons earlier in the year for an out of county court case from a debt collection agency. The case was dismissed because the debt collection agency never paid the fees to file the case.

They have now re-filed in our county of residence. We were advised previously that there is a 5 year time limit on credit card debt collection issues. The last payment my spouse made to the original credit card company Chase was in 2003. This case was filed in our county 12-3-08 - is this past the statute of limitations? Or does that not apply because they filed previously a different case before the statute was up?

Additionally, if they incorrectly filed this suit can we counter sue for harassment?

Amount Owed = Under $5,000

[seniorjudge]

If you think the debt is past the statute of limitations, you must use that as an affirmative defense (Google) in your answer.

[Zigner]

And, remember, the clock doesn't start until she's in default. NOT at the time of last payment.

[pferde01]

My information wasn't quite accurate -- 10/2003 was when the delinquency was reported to the credit bereau -- is this the same as going into default?

[JETX]

Originally Posted by pferde01

My information wasn't quite accurate -- 10/2003 was when the delinquency was reported to the credit bereau -- is this the same as going into default?

No. Your wife received a bill from the creditor. That bill allows a specific number of days (depends on creditor and billing cycles) for payment to be made before it is 'late'. The day after the payment was due, if not made, she is in breach of her agreement. The SOL 'clock' starts on that day (the day of breach).