Legal Question in Credit and Debt Law in Florida

My husband & I were in financial problems due to medical bills we put on credit cards

about 4.5 years ago, we spoke toa credit concil co. & we were alreadyat a bare bones budget. We were told to write a letter to all credt cards to let them know no more payments were to be made. I was able to settle with a couple due to a small family estate. Discover sent me a form to claim the bad debt on my income tax two years ago. Can they still try to collect that same debt? Thank you.


Asked on 5/14/12, 2:23 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Yes, as long as the Statute of Limitations has not run.

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Answered on 5/14/12, 2:47 pm
Alan Smith Tallahassee Legal Counsel

If they acquired a judgment previously, than yes. The statute of limitations for recorded judgments is 20 years. However, if they have not acquired a judgment, than the "about" in your "about 4.5 years ago" is very important. The statute of limitations for collecting a debt based on a written contract is 5 years. If they are outside that limit, provided you did not acknowledge the debt in the intervening time, than they are past the statute. Regardless, consult with an attorney in your area.

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Answered on 5/14/12, 3:24 pm


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