Collection Limitations in Florida

by Bonnie
(Ohio, USA)

I filed bankruptcy in 2009 and everything listed on my credit report was included. I recently received a collection notice for $2600 on a account that was opened in 1990's when I lived in Florida. My husband and I divorced in 1997 and he was to pay off accounts at the time. I assumed these were taken care of since they were not listed on my credit report when I filed. I have lived in Ohio for 13 years and have never been notified. Has the collection limitations expired?

Comments for Collection Limitations in Florida

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Apr 19, 2010
 old debts from ex spouse
by: Gerri

Thanks for submitting your debt collection question on our Q&A page.

Unfortunately, I don't have a straightforward answer for you. While the statute of limitations for most consumer debts in Florida is five years, according to my sources, the statute of limitations for written contracts in Ohio is 15 years. And since you've lived in Ohio now for 13 years, it may be that the creditor (or collector) could sue you in Ohio under the Ohio statute of limitations. (I am not saying they can, only that it is a possibility. Please keep in mind we can offer legal advice here.)

Also keep in mind that just because your ex agreed to pay the bills in your divorce doesn't necessarily mean you're off the hook as far as those creditors are concerned. Your divorce decree did not erase the original contract with the lenders.

I would strongly recommend you contact your bankruptcy attorney and ask him or her for advice on how to handle this debt.

Please do let us know how it turns out.

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