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Threatened With a Lawsuit Over Old Credit Card Debt, Post-Bankruptcy

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  • 05-28-2014, 01:57 PM
    dbalch
    Threatened With a Lawsuit Over Old Credit Card Debt, Post-Bankruptcy
    My question involves collection proceedings in the State of: Florida

    I was contacted today by a collection agency trying to collect a debt from a credit card from 2004, so old I don't remember it. My wife and I filed bankruptcy in 2012 and filed on everything being billed. They claim we never filed on them. May not have, as we weren't aware of it. Anyway, this agency (claiming to represent household bank) is threatening to sue me. Do the Florida statute of limitations apply or can they get away with this?
  • 05-28-2014, 02:14 PM
    1Opinion
    Re: Old Credit Card Debt
    SOL should be 5 years..... Was your BK a Chapter7? Was it discharged?
  • 05-28-2014, 02:24 PM
    df04527
    Re: Old Credit Card Debt
    If the BK was not filed the answer to your question is that it would depend on if you last paid them in 2004. If so, then yes your affirmative defense to any lawsuit would be the SOL has run. Now that also depends on if there was any tolling of the SOL. You can google debt tolling to see if it applies.

    Regarding your BK in 2012. Was it a Chapter 7 no asset case? If so, the debt is included. Notice them by sending them your discharge paper with your case number on it. If it was a chapter 7 asset or chapter 13 or other...the answer is diff.

    Unless it is a significant amount owed, i highly doubt they will follow through and file a suit.
  • 05-28-2014, 02:25 PM
    adjusterjack
    Re: Old Credit Card Debt
    Quote:

    Quoting dbalch
    View Post
    My question involves collection proceedings in the State of: Florida

    I was contacted today by a collection agency trying to collect a debt from a credit card from 2004, so old I don't remember it. My wife and I filed bankruptcy in 2012 and filed on everything being billed. They claim we never filed on them. May not have, as we weren't aware of it. Anyway, this agency (claiming to represent household bank) is threatening to sue me. Do the Florida statute of limitations apply or can they get away with this?

    Yes, the SOL is 5 years in Florida.

    This is likely one of those places that buy junk debts for pennies on the dollar and rely on fear to get people to pay.

    Next time they call, I suggest you tell them to f--k off and sue if they want to. Then hang up.
  • 05-28-2014, 02:34 PM
    1Opinion
    Re: Old Credit Card Debt
    Quote:

    Quoting adjusterjack
    View Post

    Next time they call, I suggest you tell them to f--k off and sue if they want to. Then hang up.

    Or hang on the line and see what they say. It could get very entertaining.....
  • 05-28-2014, 02:54 PM
    dbalch
    Re: Old Credit Card Debt
    Yes, non asset bk discharged in December 2012.
  • 05-28-2014, 03:18 PM
    df04527
    Re: Old Credit Card Debt
    Send them your discharge papers then. They will go away. They know they cannot collect.
  • 05-28-2014, 03:53 PM
    adjusterjack
    Re: Old Credit Card Debt
    Agree.

    Even unlisted debts got discharged.
  • 05-28-2014, 04:24 PM
    Mr. Knowitall
    Re: Old Credit Card Debt
    If they continue to try to collect a discharged debt once you have provided proof of discharge you can consider (a) filing for contempt in bankruptcy court, and (b) filing a FDCPA action. The threat of a lawsuit over a debt after the statute of limitations has run, of itself, will support a FDCPA action.
  • 05-28-2014, 06:17 PM
    dbalch
    Re: Old Credit Card Debt
    Sounds like the ticket. I'll send the papers
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