Legal Question in Credit and Debt Law in Florida
Statute of limitation
What is? Or is there a statute of limitations on a signed contract (gym membership) The debt is over 5 years old and a collection agency is threatning to submit the debt to an attorney who they claim will take the money from my banking account.
2 Answers from Attorneys
Re: Statute of limitation
Hello: Since I do not have all of the facts of your case, I can only give an overview on Fla. law. As such, the stat. of lim. on this type of case would be five years. However, if a debtor acknowledged the debt to the creditor, this would toll (stop it and it begins again) be done by admitting the debt over the phone or in writing or agreeing to a payment plan, etc.
If you have not acknowledged the debt, they could still file a suit, but you could move to dismiss the case based on the stat. of lim. I have been on both sides of this issue.
'Hope this helps. If my office can be of assistance to you in this matter or some other matter in the future, please contact my office. Tom Rosenblum
Re: Statute of limitation
Statute of Limitations is five years. After 5 years an attorney could not sue on it or attach your bank account. Sounds like you may have a claim against the collection agency for violation of the collection practices act. Give me a call or e-mail if you wish to discuss further.