Recieved notice collection agency for 1997 bill? 4/19/09 is there a stature of limitations concerning this of type practice
Saint Petersburg, FL
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Posted 7 months ago in Debt Collection
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I have never recieved any bill, notices,phone calls in attempts to collect at any time back to the 1997 orginal mentioned in the notice which I now have in dispute from who they claIm they are trying to collect nor have I ever received any noitce from this agency other then the one I recieved on 4/19/09. They offer a bail plan that I can choose one of 3 plans and threatened to notify my credit card co if i do no take action by 5/6/09.
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Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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Be careful of a scam or attempted identity theft.
Good luck. Guy Piers Coburn
This attorney is licensed in Florida.
Posted 3 months ago.
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In general, the statute of limitations in Florida for most debt claims is either five or four years. There are a few circumstances that can substrantially extend this time period, but your question does not indicate that any of these exceptions might apply. This means that the creditor has probably lost the right to sue to force collection of the debt. It does not actually wipe out the debt, but the creditor cannot enforce it. However, the creditor can ask you to pay the debt on "moral" grounds if done properly.
Threats to take some kind of action by a debt collector for a debt this old are likely to be a violation of the Federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). If such a violation has occurred, then the statutes allow you to recover up to $1,000 for each statute even if you have suffered no actual damages. You have several options: (a) Ignore it, knowing that if the collector takes any action, that action is likely to be illegal. (b) Write a letter to the collector, asserting your rights under the FDCPA and FCCPA, directing them to never contact you again. (Do not provide any additional information other than what is on the letter they sent to you.) (c) Take this matter to an attorney knowledgable about consumer law and these statutes. |