Palm Coast, FL asked in Banking, Contracts and Small Claims for Florida

Q: What is the statute of limitations on a breach of contract claim from a bank in Tennessee and Florida?

A national bank from an account in Tn in 2010 claimed Breach of Contract from overdraft/late fees on an account that was thought closed. In 2012, the bank sold the debt to a collections agency. Now, a (different) collections agency is attempting to collect on the debt plus huge amounts of interest accrued. As this account is so old, no records exist of what the charges were for, either at the bank or the current collections agency. I’m trying to find out which state’s statute of limitations have jurisdiction (the account was in Tn, the bank home office is in Oh, and I currently reside in Fl), and what the governing SoL is.

1 Lawyer Answer

A: Either two, three or four years. So if I were you I would work within the two year possibility.

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