Re: Statute of Limitations

Posted by Why Chat (209.240.205.61) on December 03, 2003 at 17:06:45:

In Reply to: Re: Statute of Limitations posted by Spower on December 03, 2003 at 16:05:13:

I do not know which party in this transaction has filed suit against you, and for what type of claim.If it is the credit card servicer on their contract with you, the SOL would be 5 years starting from the breach.

The breach would be the point in time when you did not repay the $$ to the cc servicer that they had refuded to the buyer. THAT point in time wold have been determined by the outcome of his claim of non-delivery.

If it is the buyer who is suing you, the SOL would be 4 years, starting from the default in the transaction that created the redebitting of his credit account upon failure of his claim of non delivery.

There is NO circumstance,in my opinion, under the data you have supplied that ANY SOL could have begun at the time of the original transaction, or even at the time of his claim.

Whomever is suing you, would have had to have properly attempted to resolve the situation FIRST under the UCC code rules,once the "loss" to whatever party had been determined - that date is the "cause of action" date which starts SOL.

Here is a link to the Fl. UCC

• Florida UCC

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