Legal Question in Credit and Debt Law in Florida

lawsuit by collection agency

We have been served lawsuit by collection agency for an old credit card account which we have not made payments on in 4 years. On what basis can collection agency sue in State of Florida and when is a debt time barred?


Asked on 10/17/07, 9:08 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: lawsuit by collection agency

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A collection agency can sue if a debt has been referred to their office for collection. Some courts will bar a claim due to the statute of limitations after either 4 or 5 years depending on the obligation. Other courts have ignored the statute and allowed the claims to go forward.

Scott R. Jay, Esq.

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Answered on 10/21/07, 6:56 pm


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