Skip to main content

When is a credit card debt time barred from collection in the state of Florida?

Kissimmee, FL |

What is the process of removing these from one's credit report...debt that is mow time barred?

Attorney Answers 3

Posted

You need to be careful. The statute of limitations varies from state to state. Some states have shorter statutes of limitations. Your credit card may be governed by the law of a state other than Florida. If so, the debt collector or creditor may be trying to collect a time-barred debt. I refer to them as "Zombie debts." For an article on other games that credit card companies play, go to http://fortheconsumer.com/article-credit-card-games.htm It would be best to look at the underlying agreement to make this determination. Once a determination is made that you could be sued for the debt, one should evaluate whether you are collectible, whether bankruptcy is an option, and whether the creditor has padded the debt with improper expenses or fees, etc. It might be a good idea to send the debt collector a validation request to request the underlying credit application and all contract documents, including any amendments so that you can best evaluate your options. The statute of limitations for credit cards in Florida is oftentimes four years, not five years, because the law recognizes these are statements of accounts rather than written agreements that have all the terms in them at the time of the agreement. I wish you the best in the future.

Disclaimer: The above is intended to give you, the consumer, some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist.If this information has been helpful, please indicate below. If this information has been helpful, please indicate below. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to stevefahlgren@gmail.com.

Mark as helpful

2 lawyers agree

Posted

5 years on a written contract, but may be sooner if the agreement indicates that the laws of another state may apply. This defense will have to be properly claimed as soon as the debt collector files suit.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

Would the agreement be considered an open contract since it is revolving? In that case, is it 4 years in Florida? Also, in one case the summary judgement was denied; however, the case is still opened and it has been about 9 mths since anything has been entered into the court. According to the contracts own language it is governed by Virginia law which is 4 years and in this case is time barred. Should I enter something into the court stating motion to dismiss based on this? Thank you

Sergio Cabanas

Sergio Cabanas

Posted

The bottom line is seeing the actual agreement and complaint. If it was a written contract,it's 5 years, if it's open statement of account, 4 years. Either way, we look at "choice of law" provision, which may state that the laws of another state applies. You suggested it may be Virginia. I would have an attorney assist you because if this defense is not asserted correctly, it can be waived.

Posted

You are best suited with answers from Florida lawyers on your local statute of limitations. however, you need to be sure of which state law governs your credit card agreement. If, for example, it was CA, the statute of limitations would be four years. As for the second issue of removing the item from your credit report, the bureaus has time periods for reporting that do not mirrors statutes of limitation. So, just because a debt may be time barred from legal action, it may remain on your credit bureau reports.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

Mark as helpful

1 found this helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics