Re: SOL - Florida
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Posted by JR
(64.12.96.205) on October 28, 2002 at 13:54:35:
In Reply to: SOL posted by Redvan on October 28, 2002 at 13:07:11:
I don't understand how anyone could say there is NO SOL! However, I am posting the Florida Statute of Limitations for what I believe you are asking about, BUT you didn't say what kind of debt.
Title VIII
LIMITATIONS Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter
95.11 Limitations other than for the recovery of real property.--Actions other than for recovery of real property shall be commenced as follows: (1) WITHIN TWENTY YEARS.--An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.-- (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(2)(a)2. and 713.23(1)(e). (c) An action to foreclose a mortgage. (3) WITHIN FOUR YEARS.-- (a) An action founded on negligence. (b) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. (c) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 15 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. (d) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. (e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. (f) An action founded on a statutory liability. (g) An action for trespass on real property. (h) An action for taking, detaining, or injuring personal property. (i) An action to recover specific personal property. (j) A legal or equitable action founded on fraud. (k) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. (l) An action to rescind a contract. (m) An action for money paid to any governmental authority by mistake or inadvertence. (n) An action for a statutory penalty or forfeiture. (o) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7). (p) Any action not specifically provided for in these statutes. Credit cards fit the definition of the Truth in Lending act for open/open-ended accounts.
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