Legal Question in Credit and Debt Law in Florida
In 1997 I was part owner of a business that file for bankruptcy. Prior to the filing, a personal credit card incurred serveral charges for the business, that was never paid off. Also, I did not file personal bankruptcy and incurred the negative credit score as a result. Now 11 to 12 years later, I have a collection agency calling requesting payment. They no longer are calling my home phone, but my business phone. I have told them that I will not pay the debt. My questions are, isn't there a statue of limitation on debt collection and can they call my business number.
2 Answers from Attorneys
Usually the statute of limitations is five years from the last charge or the last payment. They can call your business phone until you notify them in writing that they can't.
The statute of limitations is dependent on what the contract says is the state in which the contract law applies. However, none of the states have a statute of limitations that exceeds ten years on an open account. Any collection company pursuing a claim that they know or should know is no good due to the statute of limitations violates both federal and state law. see www.ConsumerLawyerHelp.com for the law on this and form letters you can use to prevent them from harassing you.
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