With many consumers having financial difficulties the past few years, lawsuits to collect on unpaid debts, including unpaid credit card debts, have been on the rise.  For those who have stopped paying on their credit obligations, a debt collector may seek to drag you into court, if a debt goes unpaid and unresolved.

There are many cases and statutes addressing the collection of unpaid debts. Being familiar with the Florida Rules of Court and Florida law are important factors in reaching a workout in a lawsuit against you by a creditor.

One such issue was addressed in the case of Portfolio Recovery Associates, LLC v. Fernandes. In Portfolio Recovery Associates, the Court found that the statute of limitations on a lawsuit to recover alleged charges from a credit card was four (4) years. Portfolio argued that a five (5) year statute of limitations applied based on the written agreement between the parties. The Court found that the shorter time of four (4) years applied because there was no written agreement, and the case was dismissed.  Without raising the issues to identify this particular legal issue, the consumer would have been liable for a debt that was legally prohibited.

If you have received letters or telephone calls from debt collectors, or have been served with a lawsuit against you, call our office to schedule an appointment. We may be able to help you.