Legal Question in Credit and Debt Law in Florida

Recently I received an old billing from a CPA/Attorney/Collection Agent for an old medical bill dating back "16 Years". Not once have we received any communication from their original client and or themselves the collector. They also 16 years ago filed a Judgement in Brevard County Courts, Florida, Again no notice of such action ever received from anyone. We just spent the last 3 years cleaning up all 3 credit reporting agencies and not 1 listed such a billing. (which started at $2,200.00 now is at $12,000.00)

What are the statue of limitations exactly and how do they interact. i.e. Medical billing in Florida I believe is like an oral/written contract and is 5 yrs but with a judgement now attached. Especially since no contact at all in 16 yrs ever made or even attempted. I've been back to Parrish Medical Center at least 2x in that same period, Any notice of Judgement of course did not get delivered it was sent to a wrong address a lady friend of mine and she does not remember receiving any mail for me in the last 10 years and it surprised her this many years later of receiving this notice.

Is this the new way to out and out screw people just wait and wait till a bill triples or quadruples out of reach then start the collection procedures. I'm a 100% disabled vet, living on a fixed income and have lived in this area going on 40+ years shouldn't have been that difficult to locate me. ITS ON GOOGLE type in my name and poof there I am. for 16 years I could have done something to pay settle this but now at my age and health status. I'm lucky on some days to get out of bed "seriously".

Asked on 3/25/13, 8:47 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Tell them to sue you. Otherwise, if they continue to bother you, you will file elder abuse against them. The statute is 4 years oral 5 years contract unless they renewed the contract every 5 years.

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Answered on 3/25/13, 11:29 am

Angelo Marino Angelo Marino Jr. PA

As I read your question, it appears that a judgment was obtained against you. Unfortunately, see the statute below.

55.081 Statute of limitations, lien of judgment.—Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.

However, it would be wise to speak to an attorney to do a little more research on this to determine if the judgment is correct, if it can br set aside, or even to negotiated downward.

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Answered on 3/26/13, 7:02 pm

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