Legal Question in Credit and Debt Law in Florida
debt collection
a company claims we owe money for an ad they ran, is there a length of time in florida that they must bring us to court they have been putting off going to court for right at 3 years now. thank you
2 Answers from Attorneys
Re: debt collection
Hello: This is in response to your question. Since I have not conducted legal research and do not have all of the facts, I cannot give a legal opinion. I can give a little advice.
First, did the creditor have a written contract with you? Is the claim against you individually or against a company you are/were involved with? This does not affect the Statute of Limitations, but may affect your liability for the debt.
I believe the Stat. of Limitations on these types of contracts is 5 years. You can look that up on Florida Statutes on line to confirm. However, once a debtor acknowledges a debt to the creditor, the Statute of Lim. is tolled. That is, it begins again. Sending the creditor a payment, confirming on the phone are ways of acknowledging the debt.
'Hope this helped, Tom Rosenblum.
Re: debt collection
The time in which an action must be taken depends on whether there was a written agreement. In any event, it's more than 3 years.