Legal Question in Credit and Debt Law in Florida
My Husband & Ex wife purchased a repo mobile home in the 90's in Nov of 2000, it was reposed by greentree, I just received a call today from a Collection Agency called Sentry Credit Collections out of Washington State, seeking to collect $5.340 on a 26,703 debt. that is now 11 yrs old, My husband has no judgements against him on file in the County in which he has lived his whole life no does it show on his credit reports, He was told when they purchased it cause he had asked what would happen if they didnt pay for it, he said he was told the debt would go back to the 1st owner . The statues in Fl say Florida Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
As I had told her she has no legal recourse to collect ,,and advised her that if it showed up on his credit report , We would sue..
Did I do the right thing ? is he still liable for this Debt?
1 Answer from Attorneys
You may be correct, but I suggest you contact a consumer lawyer in your area. Your husband may have a claim. To find out who is in your area, see the NACA site, and you can find it on my website. www.ConsumerLawyerHelp.com
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