Legal Question in Civil Rights Law in Florida
collection of a bad debt
how long can a creditor attempt to collect a bad debt.
I have a debt from 2001 that I thought was in a bankruptcy.
now I find out that it was not filed with my bankruptcy.
I have an attorney that wants to collect this debt from 2001.
1 Answer from Attorneys
Re: collection of a bad debt
If the last payment made on this debt was more than 5 years ago, then there is probably nothing anyone can do to collect this debt. If your bankruptcy was filed within five years after you made your last payment, then there may be additional time added on, but it may still be too late for anyone to do anything depending on when the last payment was. Also, you can re-open your bankruptcy case to add this debt. That will be about a four month process and the debt will probably be wiped out, although one can't say for sure without knowing what type of debt it is. Don't make a payment or you will start the five year clock running again.
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