Legal Question in Credit and Debt Law in Florida

I heard there was some kind of law or stipulation that you are no longer obligated to pay on, in my case, a motorcycle that you do not possess, after five years. I have been paying for a motorcycle since September 2007 that was stolen in the beginning of October 2007. After five years of loyal payments, can the remaining debt be removed?


Asked on 4/03/12, 3:05 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

no. Non payment applied to what you are saying - verbal contracts 4 years - written contracts 5 years. but you have been paying so until you stop and they place a judgment on you that runs 5 years, then it can be removed UNLESS they renew it.

I suggest you have an attorney look at your financing records and insurance records on the bike. If you used a credit card to purchase - there may have been something that would have covered you under thieft - same for ins.

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Answered on 4/04/12, 7:26 am
Barry Kaufman The Law Office of Barry W. Kaufman

Did you report the bike as stolen to your insurance company at the time of the theft? If you did, the insurance company should have paid the fair market value of the bike to the lienholder, and you'd be responsible for the remainder. If you did not report the theft to your insurer, it's too late.

So regardless of whether you did or didn't, you have been paying on a loan on a motorcycle that you haven't had in your possession for 5 years. That's too bad, but there's nothing in the law that relieves you of the legal obligation on the contract based on these facts. The 5 year timeframe is the amount of time the creditor has to bring suit against you for breach of a written agreement, and the 5 years doesn't start to run until you breach the agreement. If you stopped paying, the creditor has 5 years to sue you on that contract.

Nothing prevents you from negotiating a settlement with your creditor. (But don't use the "I've been paying for the last 5 years" tactic. It's not a winner.)

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Answered on 3/25/13, 1:33 pm


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