Legal Question in Credit and Debt Law in Florida
Statue of limitations for collecting rental debt
In 1994, my of age son rented an apartment in Fla. His wife ran out on him, so he left to find her, never to return to Fla. He recently died and his current wife received a letter from person attempting to collect this money addressed to my sons estate. There is NO estate, he had a wife, an ex-wfie and 4 children, and lots of debts. He has paid nothing to this company since leaving the apartment Jan. 1st, 1995, now after nearly 7 1/2 years they are attempting to collect. I have an old law book from college, that states the statue of limitations for collecting a written debt in Florida is 4 years. What is the limit? I plan to write them and tell them they waited to long, but don't want to look the fool. Thank You
3 Answers from Attorneys
Re: Statue of limitations for collecting rental debt
Ignore the debt. AS you said, there is no estate, no one for the attorney to sue, no appointed representative, nothing. Don't waste your time. They will do what they want whether you quote the law chapter and verse. The thing that will dissuade them is their knowledge that there is no pot of gold at the end of the rainbow...unless you fall for their empty threats...which is all they have left. They cannot sue because the debtor is no longer a living person. If he was living, the statute of limitations might apply. But he is not so there is no statute against him, only his estate and the attorney from FLORIDA says its 5 years (from when he is supposed to mention).
Re: Statue of limitations for collecting rental debt
I am sorry for your loss. It sounds as though he had a difficult time. he is fortunate you are still here to assist his wife and your grandchildren.
Your question is a simple one. The debt is owed by your deceased son's estate. His wife, chidren, and you owe nothing. The debts he leaves behind must be paid before any one can inherit any money or property from him. If he left no money or property, then the debt is worthless. Just write the creditor a letter explaining your son has passed on and left no assets in his estate. I have experience with credit card debts on such estates, and such companies are usually sensitive and realistic.
If this becomes a problem, seek an attorney because they may be in violation of fair debt collection laws, federal and state.
Again, my condolences.
Re: Statue of limitations for collecting rental debt
5 years. It would have been a debt of his estate not his family.
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