Full question:
My question is about the 1 year statute of limitations on actions for specific performance in Florida. It also pertains to the discovery rule. I am planning to bring a few cases to small claims court and I wanted to see if I was too late. I have 2 charges on my credit card that were dated 6/30/2008 ($3500 and $4050). I know that would make it just over a year. However, I did not get the credit card statements until 7/24/08 and 7/18/08. Also, I know that I never saw the sales slips until mid July of 2008. So, the date on the slips may say 6/30/08, but they were not discovered until later in July. I don't want to file the cases and lose, even though I never received any services from the merchant. My question is: when does my statute of limitations run out? Is it a year from the date on the slip, or is it a year from the date that I got the credit card statement, or is it a year from the day I saw the actual slips? If it is 6/30/08 then I am out of luck, but if it is one of the two later dates, then I will hurry and file my claims.
- Category: Civil Actions
- Subcategory: Limitations
- Date:
- State: Florida
Answer:
In Florida, the statute of limitations for specific performance of a contract is one year (Fla. Stat. § 95.11(5)(a)). This period typically begins from the date of the event that gives rise to the action. In your case, the charges on your credit card are dated 6/30/2008, which would generally start the one-year clock from that date.
However, Florida law allows for the statute of limitations to be extended under the discovery rule. This rule can apply if the injury or fraud was not discovered until a later date. Since you received your credit card statements on 7/24/2008 and 7/18/2008, and did not see the sales slips until mid-July, you might argue that the statute of limitations should start from one of these later dates.
Ultimately, if you believe you did not discover the charges until mid-July, you may have until mid-July 2009 to file your claims. It’s advisable to consult with a legal professional to discuss your specific situation and ensure you file within the appropriate time frame.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.