FLORIDA SOL AND CAUSE OF ACTION
- Section 95.11, Florida Statutes, as follows:
- OPEN ACCOUNTS.
- Within 4 years -
- an action founded on a statutory liability, or 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.
- Written Contracts
- Within 5 years -
- 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, or a legal or equitable action on a contract,
obligation or liability founded on a written instrument
Any action not specifically provided for in these statutes.
Cause Of Action
- 95.031 Computation of time.
- Except as provided in subsection (2) and in
s. 95.051 and elsewhere in these statutes, the time within which an action shall
be begun under any statute of limitations runs from the time the cause of action
- A cause of action accrues when the last element constituting the cause
of action occurs.
FLORIDA LIMITATION ON CREDIT "CONTRACTS"
- 687.0304 Credit agreements.
- (1) DEFINITIONS.--For the purposes of this section:
- (a) "Credit agreement" means an agreement to lend or forbear repayment of
money, goods, or things in action, to otherwise extend credit, or to make any
other financial accommodation.
- (b) "Creditor" means a person who extends credit under a credit agreement
with a debtor.
- (c) "Debtor" means a person who obtains credit or seeks a credit agreement
with a creditor or who owes money to a creditor.
- (2) CREDIT AGREEMENTS TO BE IN WRITING.
- A debtor may not maintain an action on a credit agreement unless the
agreement is in writing, expresses consideration, sets forth the relevant terms
and conditions, and is signed by the creditor and the debtor.
- (3) ACTIONS NOT CONSIDERED AGREEMENTS.
- (a) The following actions do not give rise to a claim that a new credit
agreement is created, unless the agreement satisfies the requirements of
- 1. The rendering of financial advice by a creditor to a debtor;
- 2. The consultation by a creditor with a debtor; or
- 3. The agreement by a creditor to take certain actions, such as entering
into a new credit agreement, forbearing from exercising remedies under prior
credit agreements, or extending installments due under prior credit agreements.
- (b) A credit agreement may not be implied from the relationship,
fiduciary, or otherwise, of the creditor and the debtor.
LIMITATIONS OF ACTIONS;
95.04 Promise to pay barred debt.
- --An acknowledgment of, or promise
to pay, a debt barred by a statute of limitations must be in writing
and signed by the person sought to be charged.
95.10 Cause of action arising in another state.
- --When the cause
of action arose in another state or territory of the United States,
or in a foreign country, and its laws forbid the maintenance of the
action because of lapse of time, no action shall be maintained in this
Case law to prove 4 Year SOL for Credit Card or Store Account
Florida 4 Year Case Law "Open" Vs. Written Contract
- Removing Judgment Lien On Homestead AFTER 11/2003
- A debtor may obtain declaratory or other equitable relief to remove a recorded
judgement lien against
the debtor's homestead. Prieto v. Eastern National Bank, 23 FLW D2443 (Fla 3rd
DCA, November 4, 1998)
- While there is ample case law in support of the rule that a judgment does
not act as a lien against homestead property, the immunity granted by Article X,
Section 4, does not alter the appearance of a lien to anyone who does not know
that the property is homestead, and a judgment debtor has the right to bring a
declaratory or other equitable action to remove that lien.
CORRECTED TIME LIMITS FOR JUDGMENTS
SUBJECT:Judgments Liens - F.S. 55.10
Effective July 1, 2001 Florida Statute 55.10 was amended to clarify the
duration of the lien of a judgment against real property. Depending on when
the lien was filed will determine how long it will be in effect. A judgment
lien filed now is good for an initial term of 10 years from the date of
recording. Below is a synopsis of the effect of the statute:
Certified Judgments filed prior to July 1, 1987 Effective for 20 years
Certified Judgment filed between July 1, 1987 and June 30, 1994 Effective
for an initial term of 7 years from date of recording unless the judgment is
refiled (see below). Certified judgments filed between these dates are no
longer liens against property if no refiling has occurred.
Certified Judgment filed after July 1, 1994 Effective for an initial term
of 10 years from date of recording.
F.S. 55.10 (2) provides for the extension of a lien for an additional
10 years by re-recording a certified copy of the judgment prior to the
expiration of the lien or the expiration of the lien as extended provided
that an affidavit with the current address of the person who has the lien
as a result of the judgment is also recorded. The extension is effective
from the date the certified copy with the affidavit is re-recorded.
If the affidavit is not included, the lien is not extended.
In no event, will any judgment lien following the procedure set forth
above, be effective beyond 20 years from the date of the entry of such
judgment as provided in F.S. 55.081 or if the judgment is satisfied.
LINK TO CB FORUM TOPIC WITH 4 YEAR SOL CASELAW
FLORIDA CREDIT LAWS
LEXIS NEXIS CIVIL PRACTICE WITH FORMS
FLORIDA MEDICAL PRIVACY STATUTES
2154 Dowd Dairy Rd
White Oak, NC 28399
2005 CHANGES ON JUDGMENTS-INCLUDES NEW GARNISHMENT RULES
LOOK UP STATE FILED LIENS
HOW TO FILE HOMESTEAD EXEMPTION FROM A JUDGMENT LIEN, EITHER PREEMPTIVELY OR SUBSEQUENTLY
FLORIDA COURT PROCCESS
FLORIDA UCC FILINGS SEARCH
FLORIDA DEPT. FINANCIAL SERVICES
Click On File Complaint For Downloadable Complaint Form
FLORIDA CONSUMER COLLECTION PRACTICES ACT
Florida and N.C. Licensed consumer attorney
Chris Livingston "The Avenger"