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Filing or serving summons?
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Posted by Toys34238
(205.188.209.144) on December 07, 2003 at 21:33:46:
I am in Florida, being sued by a collection attorney. The attorney filed the initial suit in 07/02, two months before the 5 year SOL. We were not served with a summons to let us know the case had been filed until 01/03, 4 months after the 5 year SOL. Which date do we use to determine if the case is within the 5 year SOL? We brought up the fact the Florida SOL is 4 years on open accounts, but the judge did not dismiss based on this fact. Any help will be appreciated.
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