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Author Topic: Question - SOL on Cable Bill? (FL)  (Read 2739 times)
petebull
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« on: October 05, 2010, 10:34:01 AM »

Does anyone have any information regarding the Statute of Limitations for a Cable Bill?
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JackArons
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« Reply #1 on: November 07, 2010, 08:54:07 PM »

Florida Statutes of Limitation


    Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.


    Libel, slander, or unpaid wages: 2 years.


    Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.


    The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.


    Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
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fraudfighter
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« Reply #2 on: May 11, 2011, 04:54:54 PM »

An unpaid cable bill falls under civil contract law.
SoL is determined by the causes of action alleged by the plaintiff and the documents the plaintiff enters into the record of the court.
Open Accouint CoA, Account Stated CoA are 4 year SoLs.
Breach of Contract can be 5 years if the documents on their face show the liability of the defendant and the amount of liability without resort to additional (parol or spoken) testimony. The documents must comply with the Florida Evidence Code, Chapter 90, for best evidence and business record exception to the hearsay rule, and also all affidavits must come from someone with personal knowledge, not from a third party debt collector.
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