Statute of limitations

[jc53295]

Jurisdiction

Florida

Hello,

I would like to know how long the statute of limitations allows me to take a case to small claims court in Miami Dade Florida. The case involves me collecting money owed to me for providing professional services. The transaction was between me as an individual and the other party as an individual. An invoice was issued in September of 2011 but the other party has only paid a portion of what's owed. Multiple attempts have been made to get the remaining balance.

 

[army judge]

Florida's statute of limitations varies for different types of debts.

For written contracts such as personal loans, the statute of limitations is five years.

If debt originating from a written contract is more than five years past due, the lender can no longer sue in order to collect owed money.

For other debts, the statute is shorter.

Oral contracts and credit card debts have a statute of limitations of a mere four years.

It appears your debt arose out of an oral agreement to pay you for services in 2011.

Generally speaking the SOL tolled in September of 2015.

However, if the other party paid you $10.00, for example on the first of September 2015; the SOL was reset.

That allows you to continue to try and collect on the debt until the first of September 2019.

In all reality, you're not going to collect much more, if you ever collect anything more on this debt.

You can bring a small claims lawsuit, obtain a judgment which will allow you more time to try and enforce the judgment.

 

[adjusterjack]

I would like to know how long the statute of limitations allows me to take a case to small claims court in Miami Dade Florida. The case involves me collecting money owed to me for providing professional services.

Did you have a written contract with your customer?

 

[jc53295]

Does a written invoice count as a written contract? It states the work that was done and the amount the other party owed me. It was sent to the other party September 2011 and never disputed. Partial payment was made March 2012.

 

[army judge]

Does a written invoice count as a written contract? It states the work that was done and the amount the other party owed me. It was sent to the other party September 2011 and never disputed. Partial payment was made March 2012.

No, an invoice isn't evidence of anything more than an alleged oral contract.

Read my response above.

Your ability to continue to pursue this alleged debt depends upon the last time the other party paid you on the debt.

 

[adjusterjack]

Does a written invoice count as a written contract? It states the work that was done and the amount the other party owed me. It was sent to the other party September 2011 and never disputed. Partial payment was made March 2012.

You had an oral contract and the SOL expired March 2016.

However, an SOL has to be raised by the defendant as an affirmative defense in order to get the lawsuit dismissed.

You can still file your lawsuit in the hopes that he's not smart enough to raise the SOL as a defense or maybe won't respond to the lawsuit at all. If he doesn't respond you can seek a default judgment and then try to collect on it.

 

[jc53295]

@army judge @adjusterjack thank you both for your responses. Very helpful to know my options.

 

[army judge]

@army judge @adjusterjack thank you both for your responses. Very helpful to know my options.

You're welcome, mate. Happy to be able to help.