Question regarding SOL in FL on time barred debt
Date: Wed, 03/07/2012 - 07:25
I have a old credit card that should have ran out on SOL in january. I was just served papers though to appear in court for it. They evidentally filed a case on this is 2009 but were unable to locate me to serve me the summons. Does SOL still apply or does the fact that they commenced (filed) the case in 2009 just blow SOL as a defense out of the water?
Think this applies....I would suggest double checking with the c
Think this applies....I would suggest double checking with the clerk of the court.
Quote:
Summons; Time Limit.* If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading and the party on whose behalf service is required does not show good cause why service was not made within that time, the action shall be dismissed without prejudice or that defendant dropped as a party on the court???s own initiative after notice or on motion. A dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits under rule 1.420(a)(1). Amended September 29, 1971, effective December 13, 1971; July 26, 1972, effective January 1, 1973; October 9, 1980, effective January 1, 1981; October 6 and December 30, 1988, effective January 1, 1989; July 16, 1992, effective January 1, 1993; October 31, 1996, effective January 1, 1997. |
