Legal Question in Credit and Debt Law in Florida

old credit card debt

Is there a statue of limitations on a credit card company being able to collect. Attempts to collect are involving family members who are not in any way associtated with this matter. Please help


Asked on 10/12/07, 6:45 am

2 Answers from Attorneys

Jared Beck Beck & Lee Business Trial Lawyers

Re: old credit card debt

Yes -- debts are subject to statutes of limitations of 4 and 5 years under Florida law. If the debt collector is harassing your family members, you may have a counterclaim under the FDCPA.

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Answered on 10/12/07, 11:30 am
Scott R. Jay Law Offices of Scott R. Jay

Re: old credit card debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Collection agencies are regulated under the Fair Debt Collection Practices Act (FDCPA) which sets forth the guidelines they must follow. The Fair Debt Collection Practices Act offers protection from illegal and unethical debt collection tactics. An explanation of the act can be found on Wikipedia at:

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

The statute of limitations is generally either 4 or 5 years depending on the type of action.

Scott R. Jay, Esq.

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Answered on 10/14/07, 3:52 pm


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