Legal Question in Credit and Debt Law in Florida
Bad Check- written in 1997
I wrote a check that bounced in 1997 while living in Florida. The amount was 151.54, now an attorney wants 479.62 Since the check was written 7 years ago, I was wondering if the statute of limitations had run out. I have not paid anything so far, but they are threatening additional statutory fees including court costs. What is my next move? Thank you very much for your help.
2 Answers from Attorneys
Re: Bad Check- written in 1997
Generally, the statute of limitations is 5 yrs. in Florida on debts arising out of a contract. It may be tolled if the debt arose out of a contract involving a loan. You may want to call a Florida attorney to be certain.
Re: Bad Check- written in 1997
Unless you by some action tolled the running of the statute of limations, (in this case 5 yrs),you have a full defense to the claim. The action by the collector seems to have given you a claim against the collector and agency for various violations of the FDCPA. Consult with your atty for a full explanation.
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