Who has the burden to prove statute of limitations in a debt collection case.

I have been sued for a credit card debt which is 5 years old. Last payment I made was 5 years ago. The claims in the lawsuit are Breach of contract and account stated. First, what is the statute of limitations in florida for breach of contract and account stated. Second, who has to burden to prove the statute of limitations has expired. Third, if the burden is on me, how do I prove the burden has expired, if both myself or the Plaintiff cannot produce and account statements from that time.

West Palm Beach, FL -

Attorney Answers (3)

Robert Edward Tardif Jr.

Robert Edward Tardif Jr.

Bankruptcy Attorney - Fort Myers, FL
Answered

Statute of limitations is an affirmative defense. If the plaintiff proves the existence of a debt and that you are the obligor, then you would have to present evidence that proves that the suit was not filed within the applicable statute of limitations.

By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to... more
Joshua Jonathan Tejes

Joshua Jonathan Tejes

Bankruptcy Attorney - Orlando, FL
Answered

If the statute of limitations has run and you are being sued, you should look into hiring an attorney to pursue an FDCPA lawsuit against the law firm that is handling the Plaintiff's case for violating the debt collection laws.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Bankruptcy Attorney - Berkeley, CA
Answered

I advise you to retain a lawyer who does FDCPA cases. They are free. However, if you want to do it yourself, first ask for a Bill of particulars. Ask it in writing and ask to prove their debt and send their evidence. If you hear from them, examine your receipts statements that they provide and make sure they are yours. If they are not, tell them so in writing ans ask them to dismiss your case. If they blew the Statute of limitations, get yourself a lawyer, you might be able to sue them back for violating the FDCPA, you might be able to recover statutory damages..

This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more

Related Topics

Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Featured Legal Guides

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.