Legal Question in Credit and Debt Law in Florida

credit card default

In 2001, my father went into default on his Citibank card. The outstanding total debt over the years including penalties and interest is around $27,000. His account has been sold again and again to various collection agencies and law firms. Last week he got served with a court summons that he says he needs to respond to in writing in 20 days. It says it is from the court house and he says he has verified that. Isn't there a statute of limitations of 7 years on bad credit card debt? If he hasn't made any attempt to pay even part of this debt over the years, can he still be sued for this debt and can they win? Can they put a lean on his new wife's paid off house even if his name is not on the deed?

He lives in Florida, Zipcode 33706.

Thanks for your help.


Asked on 10/04/08, 4:56 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: credit card default

Your father should (must) retain competent counsel to protect his interests.

If you have the court costs anyone can sue. Suing does not mean you are correct.

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Answered on 10/05/08, 6:31 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: credit card default

Your father should definitely contact an attorney in Florida. Often, collection bureaus will buy a lot of debt from the bank, and will only get a list of names, address, account numbers and amounts owed. They don't get any of the underlying paperwork.

If your father did not pay on the 2001 debt since then, then the statute of limitation likely will have run. For instance, in California it's 4 years. I don't know Florida law, but I'd think it's similar. Also, the collector would probably have a hard time proving the case because there probably are no documents showing your father owed the debt. So, tell him to find a lawyer who could help him. You might even re-post your question for a Florida lawyer. Good luck!

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Answered on 10/04/08, 9:34 pm


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