Legal Question in Credit and Debt Law in Florida
Can a collection agency still attempt to collect a debt after 9yrs. of the original bill from 2003?
3 Answers from Attorneys
Collection agencies cannot enforce payment of a bill which has exceeded the
statute of limitations (4-5 yrs in FL). If there has been no activity or renewal of the bill for nine
years, a bill such as a credit card debt cannot be enforced. So, enforcement
depends on the kind of bill and any account activity in the interim. Collection agencies
may still attempt to collect and harass, but should be ignored.
A collection agency can ATTEMPT to collect a time-barred debt, but cannot sue or threaten to sue. (If they do, immediately hire a consumer lawyer, who should be willing to take the case and get paid by the other side!). However, it would take a deeper analysis to determine whether this particular debt actually IS barred by statute of limitations. While the original bill date has significance, date of last activity (a payment, a purchase on the account) has more significance when it comes to statute of limitations. There are a few other factors to consider, too.
So, while there is no limit for how long a collection agency can politely ask you to pay a debt, you should contact a consumer attorney for detailed advice if you feel you are being harrassed or abused by the collector during these collection attempts, or if you receive a summons or find that any legal action has been taken.
If the judgment was renewed by the creditor - yes they can continue to come after you. It really depends.
However, DO NOT make a payment. When you do, the time begins to toll again and that is what they are after.