Legal Question in Credit and Debt Law in Florida

Collection Agent Trying to collect on 10 yr. old NSF check

I have been recently contacted by a collection legal Group of Bloomfield, NJ who asserts that I wrote a bad check to the Department of Airports (CA) over ten years ago and they are trying to collect on it. The amount has been upwardly changed, (originally written fo apprx. $100.00 to over $300.00 and a processing fee has been added, and threaten further civil action if I don't settle within 30 days. I would offer to pay the original amount but fear I would be opening a can of worms.

The check was written in California on an old, since long closed, California checking account, I now reside in Florida and have for almost ten years. I do remember a NSF check for parking fees at the airport perhaps about that time, which I thought had been resolved (paid).

Anyway has the Statute of Limitations in both states expired pertaining to collection of any claim? The collector cites a portion of Florida law dealing with the time limit to respond to their letter, (no reference to SOL) in their correspondence. Does Florida or California law pertain to my issue? Am I still liable to civil suit?


Asked on 3/23/04, 3:30 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Collection Agent Trying to collect on 10 yr. old NSF check

If in fact the s/l has expired, you have a claim against the collector and agency for violations of the FDCPA. You should consult with counsel to protect your rights and your claim.

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Answered on 3/23/04, 3:52 pm


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