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Re: Filing my notice /answer What is next
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Posted by FloridaKillingFieldSkull
(68.210.23.56) on August 08, 2004 at 21:50:37:
In Reply to: Filing my notice /answer What is next posted by golfl on August 08, 2004 at 18:58:33:
You may not be out of the woods if you are not past 5 years SoL on your credit card debt in FL.
Check the complaint to see if the plaintiff is bringing a breach of written contract cause of action. If he didn't, then you file a motion for dismissal for failure to state a cause of action - meaning the plaintiff only pled open account cause of actions against you, which is a 4 year SoL. That should dismiss this case if you are past 4 year SoL, but then he could just file a new case with a breach of written contract cause of action within 5 years and then you have a real battle on your hands. You may lose.
Your best shot is to assert that the bilateral Statute of Frauds clause in F.S. 687.0304(2) defines the legal definition of what a written credit agreement must meet for purpose of Statute of Limitations which precludes written contract causes of actions on credit card agreements and hope he buys it.
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