Legal Question in Credit and Debt Law in Florida
how may i stop a collection of a 7 year old debt
about 7 years ago i was in alot of trouble with my finances, and had several creditors seeling money from me, i simply decided to stop paying in order to eat and pay my living expenses and stop working just to pay these people that were just adding m,onry to my dedy rather than deducting payments. id pay $100.00 and they would re open my account and aply the payment then add the interest and late fees and penalitys then add 150,oo to the balance then reclose the account making it go up 50.00 with my 100.00 payment... i cound not handle this so i stopped paying them all and just decided to wait out the 7 years of bad credit.
well here i am 7 years later and im being sued? and not only do they say i owe money, but they say i owe more than $1600.00 on a credit card i only had a 700.00 limit on. and also they say i have made a payment in 2001??? whuch i know i did not because this was one of the accounts i was waiting out the 7 years so why would i make a payment at all. if they can all do this, then i think bankruptcy is my only option, i cant just pay them or i would go broke again. i have a part time job and a house payment. i do odd jobs around to pay the bills and i have a car and a work van and little money in the bank.
2 Answers from Attorneys
Re: how may i stop a collection of a 7 year old debt
If you did not make any payments or acknowledge the debt, in writing, during the past 7 years then forced collection of the claim by suit..filed after the expiration of time would be barreed by the statute of limitations. Consult with counsel. You may have a claim for violation of the FDCPA.
Re: how may i stop a collection of a 7 year old debt
First, the statute of limitations is 5 years. That starts from the date of default, which is usually the last date of payment. That is probably why they are stating you made a payment in 2001.
As you can see from my website, www.floridacreditlawyer.com, the party attempting to collect on the debt may be prohibited from doing so [visit the FDCPA section]. If they in fact have violated the law, you can get your case dismissed and be awarded up to $1,000 statutory damages. Additionally, our firm does not ask for any costs or fees up front from you. We get paid only if we take your case and if we win. Therefore, you have nothing to loose by following this up with our firm.
First, I have questions for you -- like did they "just file the suit" against you or is it an old law suit? Also, what is appearing on your credit reports? You may have other issues against the party and/or other collection agencies. If the case has just been filed and you are still within the 20 days, please call my office on Tuesday so that I can review the paperwork by fax.
I feel that there may be even more that we can do to help you, but you will first need to order your FREE credit report by calling 18773228228. You will receive them in the mail in the next 5-7 days. From there I ask that you contact my office so that we can schedule a telephonic conference concerning the rest of your credit.
Finally, we always ask that you let your friends and family know about our web page. We are here to help consumers -- like you !!!
PS I would wait on deciding to file bankruptcy, until I have reviewed your credit. It should always be the last option. If it is best for you so that you can recover your credit, I will be the first to tell you.
Happy Holidays and expect to hear from you.
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