Legal Question in Credit and Debt Law in Florida

Debt from over 10 yrs ago

I purchased a cell phone over 10 yrs ago when I was still in high school and I didn't pay the last 2 bills before they disconnected my service. I received a letter a few months later stating that they had turned me into a collectons agency. At the time, my debt was $800 and now it is $1300. I have received multiple letters from the collectors to settle and pay the $800, but I thought that after 7 yrs. those types of things were taken off of your credit. I read online that some companies will update your account making it seem like you have been in collections for less than 7 yrs, and that it is illegal! What should I do?

Asked on 2/20/09, 1:49 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.
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Re: Debt from over 10 yrs ago

If you have not acknowledged the debt nor made any payments thereon in the last 5yrs. then the statute of limitations has run and collection cannot be enforced..This presumes that a judgement has not been entered against you. If efforts persist, see a competent attorney to protect your interests.

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Answered on 2/21/09, 1:07 pm
Angelo Marino Angelo Marino Jr. PA
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Re: Debt from over 10 yrs ago

The statute of limitations is dependent on what the contract says or where the contract was entered into. Most states have s/l of less than 7 years, and Florida is 5 for a written contract.

See letters in my web site at www.ConsumerLawyerHelp.com to assist you.

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Answered on 2/20/09, 2:14 pm
Raymond LaBella LaBella Law, P.L.
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Re: Debt from over 10 yrs ago

I love zombie debt...

Zombie debt is where the debt buyer conjures up debt from ancient Egypt to collect on in the hopes that they get something out of it.

Under Florida law, it is illegal to collect on debt that it outside the statute of limitation. The violation carries the right to sue the creditor and provides for a statutory penalty of $1,000 per violation plus attorneys fees. Here in my office, we even take these cases on contingency.

As for your credit bureau, them continuing to report it can be a Fair Credit Reporting Act violation, which carries its own penalties.

Check out our website under Credit for additional info. www.LaBellaLaw.com

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Answered on 2/20/09, 3:47 pm

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