Statue of limitations

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tinamv66

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My jurisdiction is: Florida

I had a tenant skip out summer 2007. I'm the landlord with a sign lease and a promissory note which I had him sign acknowledging he owed me $$$. The application which was filled out has all personal information - driver's license, ss # etc. Collection agency dropped the ball and life took over with distractions. Don't know where to start. Can I now seek payment at this junction if I can contact him or is time up? Can anyone guide me?
 
Thank you Gail. One more item to start my research. As I mentioned, I have personal information such as License #, SS #. I found out via DMV that he's still has an active Fl driver license so he must still be around. Is there any service that would be able to provide an actual address in order to service him with papers?
 
Got it, super thanks. I run it and it gave me the info in order to certify a letter to the individual. In my search "how to file in small claims", I noticed that it had to be done in the "defendants" county. Is that always the case? The report I pulled shows him in a different county four and half hours away. That would mean that I would need to drive there in order to file my complaint as well as have a hearing, correct?
 
Got it, super thanks. I ran the report and it shows him in a county 4 1/2 hours away. In my research as to how file in small claims, I read it had to filed in he's county. That would mean that I would need to drive up there to file and show up for hearing, is that right?
 
Contact your local Clerk of Court office to find out what, specifically, needs to be done in your county.

Cases typically are heard in the county where the initial action took place. However, a sticky issue may involve having the defendant served. All folks being sued must be notified (or "served") that a lawsuit has been filed against them

If all your county requires to have them served is by mail then a certified letter should suffice.

If they require what is known as a "tack and mail" (meaning the court sends a letter and a representative of the court...typically a Marshall.... "tacks" or leaves a copy of the notice at the defendants door) then it is unlikely that such a representative will go to another county 4 1/2 hours away to serve this person.

In that case, you can inquire as to whether you can have another individual "serve" the defendant this notice.

If your county does not agree to this then yes, you would need to file where the defendant now resides.

Gail
 
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