Legal Question in Credit and Debt Law in Florida

Re: statute of limitations on credit card debt collections

Although you say that Florida law is involved, I think that Virginia law concerning the statute of limitations will apply. If you were in Florida at the time, then Florida law would govern the issues surrounding the contract. However, under the Fair Debt Collections Practices Act, a consumer debt must be brought in court in the County where you live. So this would be a Virginia lawsuit against you. And Virginia (like most states) would apply the SHORTER of either its own statute of limitations or the statute of limitations in the other state. (This is called a borrowing statute, which has nothing to do with borrowing, but borrows the statute of limitations from the other state if it is shorter.)

Virginia allows creditors to try to collect old debts that are outside the statute of limitations. I suppose the theory is that MAYBE people will voluntarily pay.

Therefore, it is proper for a lawyer to file a lawsuit even for an old debt. HOWEVER, if you then OBJECT to the debt in court on the basis of the statute of limitations, then the lawsuit is dead on arrival. People might choose to pay. But if you assert the statute of limitations, then the creditor CANNOT collect. That means you must be sure not to miss a court date.

The statute of limitations in Virginia law is 5 years for a written contract from the date that you were SUPPOSED to pay, but didn't. (The time when the creditor had a right to bring a lawsuit.) Credit cards are considered written contracts even if you only signed the application.

HOWEVER... collection agencies are NOT lawyers. All they can do is harass people and annoy you. They will lie and say that they will garnish your wages and all sorts of other things. What they mean is that IF they send it to a lawyer, the lawyer MIGHT be able to do all of those things after many other legal steps FIRST, such as bringing a lawsuit. As said above, that lawsuit would be dead on arrival in your case. But the collection agencies will make it sound like they have the power to go down to your bank tomorrow morning and take the money out. That part is a lie.

Unfortunately, there is no way I know of to stop collection agencies from calling you and annoying you. You simply have to ignore them.

Re: statute of limitations on credit card debt collections

You are asking a complex question. If you lived in Florida at the time you got the card, then the statute of limitations has run. If you were living elsewhere, you have to check on that state law. Visit www.NACA.net to get a list of consumer attorneys in your area. If you have any friends here in Florida or would like to learn more, free of charge, about credit law, visit our web page: www.FloridaCreditLawyer.com

Good luck.