Legal Question in Consumer Law in Florida

7 year old unpaid debt

A collection agency sent me a letter requesting I pay an old unpaid credit card debt accrued from another state. The debt is at least 7 years old or more. I have no records of how much was actually owed. It's not on my credit report. I have 30 days to respond. I thought if I respond it will re-activate the status of the debt and be placed on my credit report? Should I respond or ignore the letter? What legal action can they take on me?


Asked on 6/26/07, 7:25 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: 7 year old unpaid debt

If i received such a letter I wouyld write back saying that I had received the letter but have no knowledge about the debt they seek to collect and do not believed that it is owed. Please send me the details of what you claim I owe and what it is owed for so that I may consider the matter further.

This should get you the information while not aknowleding the debt (indeed, it expressly does not). In many states, a debt 7 years old is not a valid debt.

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Answered on 6/26/07, 7:49 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: 7 year old unpaid debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Despite the fact that the debt is 7 years old, it is still a valid debt. I would suggest that you respond to it by asking for proof of the amounts owed. The chances are good that they will be unable to provide accurate proof. This may be your only opportunity to challange the debt before they choose to file suit. Don't waste this opportunity.

Scott R. Jay, Esq.

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Answered on 6/26/07, 10:09 pm


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