Legal Question in Credit and Debt Law in Florida

Is there a time limit for a creditor to collect on a reaffirmation agreement?

We filed bankruptcy in 1997 and reaffirmed $181.95 with Sears. July 1998 we received the first bill under the original account number that was discharged in bankruptcy. After a few billings they started charging late charges which we took exception to because we felt it should be under the original account agreement. We wrote them January 1999 and informed them that they could either bring the billing back in line or we were willing to return the items we had reaffirmed for and they should inform us in writing where and how to return them if that was what they wanted. We never heard from them again. No more billings, no correspondence. Now, after more than 3 years, they have started calling us constantly and demanding a repayment of $453.00. Still no correspondence but it is the actual creditor calling, not a collection agency. They claim that they have just now received about 700 such accounts to work. Can they come back after more than 3 years of no written or oral correspondence and start working this again?


Asked on 6/15/02, 11:38 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Is there a time limit for a creditor to collect on a reaffirmation agreement

The Uniform Commercial Code has a Statute of Limitation of 4 years from the sale. If 4 years have expired since your reaffirmation it is too late for them to collect.

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Answered on 6/15/02, 11:48 am


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