Advice on collections and statute of limitations

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READER QUESTION

How long is the statute of limitations for credit card debt in Florida?

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Bills.com Resident Expert
Dec 12, 2011
BILL'S ANSWER

Federal law (US Code Title 15, §1681c) controls the behavior of credit reporting agencies. This law is known as the Fair Credit Reporting Act (FCRA). Under FCRA §605 (a) and (b), an account in collection will appear on a consumer's credit report for 7.5 years. The clock starts approximately 180 days after the date of first delinquency on the account. To learn when an account will be removed by the credit reporting agencies (TransUnion, Equifax, and Experian and others), add 7.5 years to the date of first delinquency. Subsequent activity, such as resolving the debt, is irrelevant to the seven-year rule. However, if the debt is a tax lien, that can appear for seven years from the date of payment. A bankruptcy will appear for ten years from the date of the final order. Delinquent federal student loans can be reported indefinitely, i.e., for as long as they are delinquent.

Just because a debt is removed from a credit report does not mean the statute of limitations has passed. Federal credit report laws and a state statute of limitations laws are separate and independent from each other.

The seven years starts running from the date the account was charged off by the creditor, which generally means seven and a half years from the date of first delinquency. I encourage you to review your credit report carefully to make sure that the dates of last payment being reported on these accounts are correct. Some creditors, especially debt purchasing firms, will report inaccurate charge-off dates to extend the amount of time an old account appears on your credit report. If you find any inaccurate information, you should dispute the credit report listing with the bureau in question. The Federal Trade Commission offers advice regarding the dispute of inaccurate credit report listings, available at www.ftc.gov

The Florida statute of limitations for filing a lawsuit to collect on a delinquent debt is four years. Generally speaking, the statute of limitations runs from the date of last activity, usually the date of last payment, on the account. Based on the information provided in your question, I do not believe that your statement would affect the statute of limitations in regard to this debt. Generally speaking, to affect the statute of limitations, a debtor must make a specific promise to pay; a vague statement such as "I'll call and pay some money," is not specific enough to change how the statute of limitations applies to these debt, especially since the collector failed to provide you with any specific information in these debt (i.e., account numbers).

Remember that the application of the statute of limitation is a matter to be decided by the court in case the creditor files a lawsuit against you to try to collect this debt. While I think it is unlikely that a collector would attempt to sue you on a debt this old, if you do receive any court documents related to either account, you should consult with an attorney in your area regarding the age of these debts and the applicability of the statute of limitations to your situation.

If you struggle to pay your debts, you may want to consult with a professional debt resolution firm to discuss the options available to you. Get a no-cost debt consultation with one of Bill's approved debt help partners.

To learn more about credit, credit scores, and credit reporting, I encourage you to visit the Bills.com Credit Solutions and Resources page. To learn more about statutes of limitations, see How to Tell Which Statute of Limitations Applies to Your Situation.

I hope the information provided helps you Find. Learn. Save!

Best,

Bill

Bills.com

Comments (34)


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Faith D.
White Plains, NY  |  November 07, 2011
I had an old Target account that I paid in in person at one of the stores that was near me. That was in 2003. I did not owe a balance on this account. Now, a collection company, Asset Acception, is saying that I owe this money and even went as far as putting the balance higher. I contacted the company asking them to send me proof and they never got back to even try to help clear this matter. So, Asset Accept is reporting that this is current. What should I do?
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Bills.com
November 08, 2011
It is not clear to me how you asked the collection company for proof. You should have sent a debt validation letter. Have they ever sent you anything in writing? If not, as soon as they do, send the debt validation letter.

Check to see if the statute of limitations has expired. It very well may have, given the debt is 8 years old. Don't pay a single penny until you figure out if the SOL has passed.
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Kay C.
Wichita, KS  |  October 28, 2011
I have a medical bill from 2003 that has now been turned over from one collection agency to another. Am I still responsible for payment of this bill after 8 years? I thought the statute of limitations in Kansas was a maximum of 5 years.
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Bills.com
October 28, 2011
Let us look at the facts and terms you shared in your message, and others that were implied:
  • Statute of Limitations. Just because a statute of limitations has passed does not mean a creditor may not collect a debt, except in Wisconsin. The passing of a statute of limitations gives a defendant in a lawsuit an affirmative defense, and nothing more. See Statute of Limitations to learn more.
  • Time and Credit Reports. Seven and a half years is how long most derogatory items can appear on a consumer's credit report file. The 7½-year rule has nothing to do with charge off. It does not determine whether the debt is collectible. It also has nothing to do with a state's statute of limitations. See the Bills.com resource Fair Credit Reporting Act to learn more about what can appear on a credit report and for how long.
  • Charge-off / write-off. An accounting term that means a creditor has moved an account from its current-accounts book to its general ledger as a bad debt. It does not mean the account is canceled, forgiven, or extinguished. See the Bills.com resource Charge Off for a more complete discussion of this oft-misunderstood phrase.

A collection agent working on a debt older than a state's statute of limitations may contact the consumer to attempt to collect the ancient debt (except in Wisconsin). It can even file a lawsuit against the consumer. However, the consumer has an affirmative defense if there is such a lawsuit.

My advice? Validate the debt. A debt that cannot be validated cannot be collected.

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Eric S.
Kelso, WA  |  August 12, 2011
Hi, I just like to know, how long can a third party can call you on a Debt pass the Charge off date..
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Bills.com
August 12, 2011
A debt collector can keep calling for as long at it wants, as long as the calls are made consistent with the rules of the Fair Debt Collections Practices Act. Even for a debt that is past the statute of limitations, a collector can call and try to get a person to pay the debt.
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Yasheka W.
Chicago, IL  |  April 20, 2011
Hi, when do the statue of limitation start for private student loans. I tried to dispute the one that I have because it is fraud. Some how my mother was even a co-signor. I can not afford an extra three hundred dollars a month and neither can my mom. I filed a police report and filled out fraud papers with the company. The still say that it is mine. I don't know what else to do. Thanks
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Bills.com
April 21, 2011
If you believe you are a victim of fraud, consult with a lawyer.
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Julie S.
Charleston, SC  |  March 14, 2011
Hey Bill, I had a MBNA credit card that I defaulted on and my last payment was 9/2006. During that time, Bank of America must have bought MBNA, since BOA reported the charge off on my credit report. They didn't charge off the debt until 5/2008. Does that mean it will be on my credit report for close to 9 years instead of 7 years since they took so long to charge the debt off?
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Bills.com
March 14, 2011
Re-aging a debt is the act of reporting an inaccurate date of first delinquency to a credit reporting agency, such as Equifax, Experian, or TransUnion. Re-aging a debt may or may not be illegal depending on whether the consumer consents to the date change and the creditor's intent.

Please read the bills.com posting about how to dispute re-aged debt.
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Greg G.
Marion, KY  |  January 30, 2011
I was a listed as borrower and the other individual was listed as co-borrower on an auto loan. He was the only owner on the title it was a car for him. He made payments for 2yrs and I moved from the state. The loan and car were in Fl. He let his insurance lapse and quit making payments. The vehicle was repossessed "wrecked" and sold at auction. questions 1. Do I have any legal rights, concerning his responsibility or lack of, for damaging the vehicle and creating excessive deficiency? 2. Are we both held equally responsible for the deficiency or can it all be demanded from me? 3.I have real property in that state. If they sue me and place a judgment on that property will I be notified of a judgment place on it?
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Bills.com
January 31, 2011
Your message reminds me why I recommend against co-signing loans.
  1. Yes, I believe you do have a cause of action against the other co-signor. My guess is a smart and creative lawyer will be able to make an argument for "waste" given the facts you presented.
  2. Yes and yes, probably. Contracts I have seen make both signers joint and severally liable for any deficiency. That means if the creditor can squeeze 30% out of one you, it has the right to demand 70% out of the other. Or, if it gets zero from one, it can demand 100% out of the other legally.
  3. You should receive a notification. However, if the correspondence from Bills.com readers is representative of everyone's experience, then depending on the plaintiff's law firm to follow your state's civil procedure laws to the letter is folly.

See the Bills.com resource Florida Collection Laws to learn more about Florida's laws.

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Kendra A.
San Diego, CA  |  January 27, 2011
I have an acct in collections. It was sent to a collections agency while I was still in contact with the original creditor trying to resolve it. Is there something I can do? Can I dispute it?
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Bills.com
January 28, 2011
If you actually owe the debt, then disputing it is not going to solve the problem. When you said that you were 'trying to resolve' the issue with the original creditor, did you mean that you were trying to work out payment arrangements with the original creditor or that you were in the middle of a dispute with them? If you were disputing, then you can continue to dispute.

If there are no grounds for dispute and you do owe the debt, then you can try to work out a payment plan with the collection agency, attempt to negotiate a reduced-balance settlement, or consult with a bankruptcy attorney. If you do nothing, the matter is likely to lead to your being taken to court, which would likely result in a judgment against you. Don't let that happen, as a judgment can be enforced by a wage garnishment and a bank levy.
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Brittany .
April 26, 2010
Thank you for answering! I'm actually finding that the statute of limitations is different Which one should I follow? Should I follow the 8 year statute of limitations or the 5 year? Thank you so much for your time!
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