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Asked almost 3 years ago - Cocoa, FL
FlagCan a collection agency freeze my bank account. The debt is 11 years old and statute of limitations has run out
If they do not have a judgment, then there is nothing they can do.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
For what it is worth, the debt collector can still sue on a time barred debt in Floirda -- they just may not be able to prevail. It would be up to the consumer to raise Statute of Limitations as an affirmative defense. In the end, I agree: send a cease and desist letter to the DC and be done with them. If they keep calling, take good notes on the calls, contact a creditor harassment litgator and then file suit. You could be entitled to statutory damages and attorneys fees and costs. www.ConsumerRightsGroup.com or www.FloridaBKLawyer.com
I agree with the other responders, but not categorically.
There are statutes in place that would allow for the freezing of your account at the outset of the case, BEFORE you received any papers or had any chance to respond. To do that the creditor's attorney would probably need to perjure himself, or somehow conjure a situation that required stretching the truth by a whole lot. What's required is a showing that you're about to flee the state, or something equally likely to harm the ability of the creditor to collect. At that stage of the game, most judges are going to be pretty probing as to what the case is about, and the judge is also likely to notice that the claim is time-barred. So you're at risk, but the risk is VERY small.
There are not that many collections attorneys out there willing to gamble their law licenses like that ... but every once in a while one comes along.
They can freeze the bank account of they already have a judgment.
A judgment entered in the court of the State of Florida generally may be enforced within twenty (20) years from the date the judgment was entered (Section 95.11(1).) It may become a lien on a judgment debtor's non exempt real estate in any county for a period of seven (7) years from the date of recording when a certified copy of the judgment, which contains the address of the person having the lien right, or a separate affidavit setting forth the judgment and the address of the person having the lien right, is recorded in such county. (Section 55.10(1).) Such lien may be extended for an additional period of 7 years each time the judgment and an affidavit stating the current address of the lien holder, is re-recorded within ninety (90) days preceding the expiration of the prior lien. (Section 55.10(2), (3) & (4).) However, no judgment of any court shall be a lien upon any real or personal property of the judgment debtor within the state of Florida after the expiration of 20 years from the date of the entry of such judgment. (Section 55.081.)
Generally, all lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, of a judgment debtor may be subject to levy and sale under execution. (Section 56.061.) A judgment creditor also has a right to a writ of garnishment against any debt due to defendant by a third person, and any tangible or intangible personal property of defendant in the possession or control of a third person. (Section 77.01.) However, before the court may issue a writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, must file a motion (which does not have to be verified or negative defendant's exemptions) stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment. (Section 77.03.)
If the salary or wages of a judgment debtor are to be garnished to satisfy a judgment, the court may issue a continuing writ of garnishment to the judgment debtor's employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order. (Section 77.0305.) The amount of wages which may be garnished is limited under Section 222.11 of the Florida Statutes. If all of the disposable earnings of the judgment debtor, who is the head of family, is less than or equal to $500 a week, the entire amount is exempt from attachment or garnishment. If the disposable earnings of the judgment debtor, who is the head of a family, are greater than $500 a week, the excess amount may be attached only if the judgment debtor has agreed in writing permitting such garnishment. However, the amount which may be attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s.1673. If the disposable earnings of a judgment debtor, who is not the head of family, are attached or garnished, such amount may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. Earnings that are exempt and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
Confession of judgment in the State of Florida is generally null and void. (Section 55.05.)
The collection agency is barred from suing on the note or reporting it on your credit file. As they do not have a judgment they cannot attach any of your assets.
The next time you hear from them tell them the claim is barred by the Statute of Limitations and that if they contact you again you will sue for violation of the Fair Debt Collection Practices Act.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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