Legal Question in Credit and Debt Law in Florida

Possible old debt

My husband has received a letter from a collection agency regarding an outstanding balance from 1993 when he lived in Maryland. We have lived in Florida since 1999. He does not recognize the amount. And does not remember ever having a credit card at that time, although it is possible.

We have been together since 1995 and I have never seen any collection activity regarding this account prior.

Is he obligated to pay this? Do they have to produce proof that it is his debt? Has the Statute of Limitations on collecting already past? What is his obligation.

This is a collection effort, not a judgement.

Neither of us have acknowledged the debt. Can we just write to them saying we don't acknowledge it, and ask that they cease contact? Is that effective and does it stop ?

There has been nothing on the credit report and his score is in the high 700s.


Asked on 5/18/07, 3:28 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Possible old debt

Even if correct, the S of L has run.

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Answered on 5/18/07, 3:42 pm
Scott Behren Behren Law Firm

Re: Possible old debt

Ask the collection agency to validate the debt pursuant to the Fair Debt Collection Practices Act and send it via certified mail, etc. If they don't validate it and continue to attempt to collect you may have FDCPA claims against them.

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Answered on 5/18/07, 8:18 pm


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