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  1. #1
    jenz is offline Junior Member
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    What exactly resets the SOL in Florida?

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

    Did the debtor's statement restart the SOL clock?

    As background, I have a signed promissory note that is older than 5 years old, which I believe is the SOL in FL. Fast forward to late last year where I emailed the debtor reiterating the terms from our promissory note (outstanding balance, monthly agreement) in an attempt to work out a new repayment plan.

    In his reply, he does not dispute any of the promissory note terms and states that "I will call you tonight so we can establish a plan for you to be paid back ... I am going to make payments to you"

    Did this statement restart the SOL clock? If not, what exactly needs to happen in FL for a SOL clock to get reset?

    Thanks in advance!
  2. #2
    DAD10 is offline Registered User
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    Re

    [url=http://www.expertlaw.com/library/limitations_by_state/Florida.html]Florida Statute of Limitations[/url]

    Hope this helps.
  3. #3
    jenz is offline Junior Member
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    Thanks, DAD10, but unless it is just too late, and I didn't see the links, that simply gives me an overview. My question is did the debtor's statement restart the SOL, and if not, what do I need to get the debtor to do to restart said SOL?
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by jenz View Post
    Thanks, DAD10, but unless it is just too late, and I didn't see the links, that simply gives me an overview. My question is did the debtor's statement restart the SOL, and if not, what do I need to get the debtor to do to restart said SOL?

    I could not find anywhere that a promise to pay revived the SoL so I do not know if it will. If any payment is made, it typically revives the SoL so if you could convince them to make a token payment, BAM, you have 'em.
  5. #5
    debtcollector` is offline Senior Member
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    The token payment is the way to bring this back to life.

    Ask for $10. Just to show the person is committed to working it out. if they don't give it to you, PM me. I have some tricks that can help wheedle a payment out of them.

    DC
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by jenz View Post
    Did this statement restart the SOL clock?
    No.

    If not, what exactly needs to happen in FL for a SOL clock to get reset?
    Under Florida statute, in order to reset a SOL, the debtor must:
    95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.


    And the SOL may be 'tolled' (frozen) if you can show the following applied to the debtor:
    95.051 When limitations tolled.--
    (1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

    (a) Absence from the state of the person to be sued.

    (b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

    (c) Concealment in the state of the person to be sued so that process cannot be served on him or her.

    (d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

    (e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

    (f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.

    (g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

    (h) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

    Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days of the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108(c).

    (2) No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

  7. #7
    jenz is offline Junior Member
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    Thanks everyone, I'll definitely try the token payment angle, but I did have one question given the modern era.

    Will a FL court recognize this email as valid under 95.04, i.e. the email is written and "electronically" signed, if you will, since they sent it? Or, is the law exactly as written and only a real signature would work (no way I get them to re-sign a new promissory note).

    Quote Originally Posted by JETX View Post

    Under Florida statute, in order to reset a SOL, the debtor must:
    95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.
  8. #8
    justalayman is offline Senior Member
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    How would it be electronically signed?
  9. #9
    jenz is offline Junior Member
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    I simply meant that he actually sent the reply, one could use his IP address to validate unless his defense would be something like someone broke into his house - by the way, he didn't report said break in to the authorities - then hacked into his email account from his house and sent a reply pretending to be him.
  10. #10
    justalayman is offline Senior Member
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    Nope, not going to work. A signature is a signature. The only reason I asked is there are a few ways to transmit an electronic signature that is recognized as a legal sig. Doesn't happen in most everyday situations but just wanted to make sure it wasn't something such as that you were asking about.
  11. #11
    jenz is offline Junior Member
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    Got it, I'll make sure to be more specific in my replies, and I appreciate the color.

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