What is the statute of limitations in Florida for collection of a credit card debt?

Asked over 5 years ago - Chiefland, FL

My debt is from the early 90s. I got a call this week from a collection agency.

Attorney answers (2)

  1. Donald Edward Petersen

    Pro

    Contributor Level 13

    Answered . If you have not paid on this account since the early 1990's, you are well outside the statute of limitations.
    (If you haven't paid any money on this account since the 1990's; do not pay even a penny now or they will argue that you've revived the statute of limitations.)

    Debt collectors are allowed to call you despite the statute of limitations. If they sue you, threaten to sue you, or threaten to exercise remedies that would require them to sue you first (such as garnishment), they would violate the Fair Debt Collection Practices Act.

    Keep a log of the calls including the : (1) date; (2) time; (3) telephone number they called you from and their name exactly as they appear on your caller ID; (4) the phone that they called you on; and (5) a detailed description of the conversation, message or note that it was a hang-up.

    Debt collectors pay a fraction of a penny on the dollar (often in the hundredths of a cent) on the dollar for "Zombie" debts such as this.

  2. Lu Ann Trevino

    Pro

    Contributor Level 19

    Answered . I am not licensed to practice law in your state.

    These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

    The statute of limitations is 4 years. Do not admit to ever having this debt and never agree to sending any payment. This will revive the debt for another 4 years. You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees. Try the link for an attorney in your area to assist you.

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