Legal Question in Credit and Debt Law in Florida

In 2002 I received a bill from a collection agency for $1,200.00 from a Capial One credit card account that was not mine. I notified them, then received papers to appear in court, and I spoke with their attorney on numerous occasions. I told them if they showed me something with my signature I would write them a check for the balance. They could not do it and cancelled the court date. Now 9 years later I received a phone call from a collection agency for this bill which they say is $2,400.00. I explained everything to them and they wanted my social security number, which I refused to give them. They told me if I didn't supply it I would continue to receive these calls. What recourse do I have? This debt is from NJ and I now live in FL, if that makes a difference.


Asked on 10/07/11, 3:23 am

1 Answer from Attorneys
Raymond LaBella LaBella Law, P.L.

Since the debt is past the statute of limitations, even if the debt were valid, you would not be required to pay on it. Collecting on time-barred debts, or "zombie" debt, is a common problem. The Florida Consumer Collection Practices Act provides you a cause of action against the collector for this.

Our firm takes these cases regularly. In the meantime, though, you can send a "cease and desist" letter to stop the phone calls. You can find a sample of one on our website at www.LaBellaLaw.com in our self-help center.

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Answered on 10/07/11, 3:42 am


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