Contacted for the First Time About a Rental Debt from 7 Years Ago
My question involves collection proceedings in the State of: Florida
7 Years ago I lived in an apartment complex with two other roommates. We left once our lease was up one year after moving in, and the complex from what I remember decided to keep the deposit despite us having damaged nothing aside from possibly scratching the wall inside one of the closets. Now I am getting contacted by a debt collector saying that I owe $1100.
So my question is does the Statute of Limitations apply here and prevent me from having to pay? I will pay if need be, but I would rather not given that everything afaik was in good condition and paid off when I left back then.
Re: Contacted for the First Time About a Rental Debt from 7 Years Ago
There was no judgement, though they did state in the letter "It is urgent that you contact us immediately. Failure to do so may result in our immediate recommendation that a Civil Law Suit be filed against you." "This is your final opportunity to contact us before we proceed with further legal action by forwarding your account to our attorney."
Re: Contacted for the First Time About a Rental Debt from 7 Years Ago
I lived in Florida for two years after that, but moved to another state for the next 4 before moving back. They did contact me at my other states residence prior to moving back to FL, but would they be able to toll the statute given that I wasn't living in the state part of the time?
Re: Contacted for the First Time About a Rental Debt from 7 Years Ago
Did they get a judgment, or is this simply a belated effort (perhaps by a junk debt buyer) to enforce the debt under the lease (contract)?
Google the collector to find out if they're a junk debt buyer, or if they'e prone to violating the FDCPA. Barring some reason to toll the statute, the limitations period for a Florida rent debt would have run.
Per statute, "The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: (a) Absence from the state of the person to be sued." Florida Statutes, Sec. 95.051.