Collections of a Judgement in Florida

Shute · #1 03-10-2007, 02:57 PM

I just received a letter from a law office stating they have been retained by a recovery service with regard to collection of an old debt. The judgemnt date is 12/1/98 for around 7k, and with interest and penalties its doubled. They are requesting me to contact them so they can proceed with notice of Deposition in Aid of execution and request of copies of my tax records. I have been, and am still not financially stable and just get by check to check. Besides that, isnt there a statute of limitations? Can they just turn this old debt over to a new collector and start harrassing me all over again? Please, any help or advise. am I up the river with no paddle or can I get a relative break on starting a fresh meager life.
Ive just recently tried cleaning up my credit and paying off what I could afford. now this pops up.

Shute · #2 03-12-2007, 09:55 AM

any help or info out there? Ive read SOL is 7 years, then 3 or 4 years. Can anyone confirm? Is it from actual judgement date?
How best to reply to the bottom feeders?

RSB · #3 03-12-2007, 10:16 AM

I am not an expert, but I know if a debt is SOL, you do not have to pay it. You must reply to the letter and remind them, the debt is SOL.

aaron · #4 03-12-2007, 02:49 PM

Since this is a judgment debt, assuming it is a domestic judgment the statute of limitations appears to be seven years. But Florida judgments are renewable, so that period can be extended as long as the creditor keeps obtaining timely renewals.

Shute · #5 03-13-2007, 07:49 AM

what? they can keep getting timely renewals? so there is no sol then. How can I intervene on their renewal? or at least find out about it? so basically what your saying is that because I couldnt pay off a credit card debt, my credit is ruined forever if I cannot pay it off?

aaron · #6 03-13-2007, 01:58 PM

The debt is no longer credit card debt. It is a judgment debt, because you had a judgment entered against you as the result of the lawsuit against you. You can check with the court to see if the judgment was renewed in a timely manner.

Shute · #7 03-13-2007, 02:36 PM

I dont ever remember being sent a court date. First time Ive heard of a judgemnt. Is there any other recourse to fight the judgemnt if they did file in timely manner?

aaron · #8 03-13-2007, 02:41 PM

Get a copy of the court file and see what happened.

Shute · #9 03-20-2007, 08:15 AM

Ive contacted the clerk of courts where the judgemnt was filed and they cant find the file or any information. The clerk said the file was probalby purged from system being its almost 10 years old.
The clerk did say there is nothing showing in computer that is has been renewed though.
Does this help me in any way? or does the plaintiff have all original copies and can continue to persue collecting on the judgemnt. It appears its not the original plaintiff either, its a collection company hiring a third party attorney. ???
Should I simply reply to attorney and request proof or what would be best way to handle this. I dont want my meager wages being garnished or having to look over my shoulder for this.

Mr. Knowitall · #10 03-20-2007, 12:09 PM

You have to decide what to do. But if it were me, I would tell the law firm that the judgment is expired and uncollectable and see how they reply.