Legal Question in Credit and Debt Law in Florida

debt collection

I received a letter from an Attorney in California regarding a credit card debt from 7 or 8 years ago. I am disabled and unable to pay this bill ($4,699.87). To summerise the letter, if I don't pay in 30 days, they will file legal action (lawsuit).

What are my options. Can they file a suit against me?


Asked on 6/26/09, 4:58 pm

2 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: debt collection

It is always difficult to suggest to someone not to pay and risk suit, but I suggest that you do not pay. There is a very strong probability the statute of limitations has run and also that the credit card company and lawyer cannot prove the case.

I handle credit card defense and have not lost a case yet. If you are in south Florida and you are sued, contact me; otherwise, contact a consumer lawyer where you are. see www. ConsumerLawyerHelp.com

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Answered on 6/27/09, 10:00 am
Frank Loscalzo Law Office of Frank Loscalzo

Re: debt collection

Sounds more like you can sue them, I would need to see the letter, and ask a few questions in order to ascertain.

The FDCPA (Fair Debt Collection Practices Act)) forbids collection attorneys from making false threats.

Threatening to sue you on an out of statute debt in place where they do not normally bring lawsuits sounds like a false threat.

We bring FDCPA lawsuits on a contingency basis (meaning we only get paid if we win). If you are interested, or have any other questions email me at

[email protected]

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Answered on 6/28/09, 2:09 pm


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