Q: In Florida civil court, can an account stated claim include prejudgment interest? If no, what laws & cases prohibits it
from being awarded in court? A third party debt buyer is suing for interest after charge-off on an account stated debt.
A: Generally, yes. The initial issue for an Account Stated suit is: Did the creditor give you presuit notice of the debt, and did you fail to dispute it? If the third party debt buyer didn't give you presuit notice, or it did give notice but you disputed it, that would be an issue to examine. But if the current creditor has crossed all their T's and dotted all their I's, they likely can be awarded prejudgment interest, and you then must look at options of attempting a compromise settlement, filing for bankruptcy if you're eligible, or determining if you can otherwise protect yourself from collection.
Terrence H Thorgaard agrees with this answer
A: In Florida civil court, an account stated claim typically relates to an agreement between parties regarding a specific balance owed. Prejudgment interest may be included in a claim.
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