Legal Question in Credit and Debt Law in Florida

Bad Check- written in 1997

I wrote a check that bounced in 1997 while living in Florida. The amount was 151.54, now an attorney wants 479.62 Since the check was written 7 years ago, I was wondering if the statute of limitations had run out. I have not paid anything so far, but they are threatening additional statutory fees including court costs. What is my next move? Thank you very much for your help.

Asked on 5/06/04, 9:15 pm

2 Answers from Attorneys

David Glass Law Offices of David H. Glass, LLC

Re: Bad Check- written in 1997

Generally, the statute of limitations is 5 yrs. in Florida on debts arising out of a contract. It may be tolled if the debt arose out of a contract involving a loan. You may want to call a Florida attorney to be certain.

Read more
Answered on 5/07/04, 9:08 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Bad Check- written in 1997

Unless you by some action tolled the running of the statute of limations, (in this case 5 yrs),you have a full defense to the claim. The action by the collector seems to have given you a claim against the collector and agency for various violations of the FDCPA. Consult with your atty for a full explanation.

Read more
Answered on 5/09/04, 6:00 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida