"Zombie Debt" collection

by William
(Lake City, Florida)

An attorney has recently obtained an order to proceed supplementary to execution of a lien against me recorded on 10/1/96 here in Florida. It is my understanding that the the debt may become a lien on my nonexempt real estate for a period of 7 years from the date of the recording of the lien which would be on 10/1/2003. The lien may be extended for an additional 7 years if it is re-recorded within 90 days prior to 10/1/2003. This recording was not done as required.

Can I use the defense that it was not re-recorded within the 7 year period?

Additionally, by law all old court documents were destroyed a few years ago, so no original documents exist. Shouldn't the attorney have to provide original documents to me to verify the debt as being real ?

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Jul 15, 2010
Zombie Debt
by: Mary

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

I am not an attorney and so I cannot give you legal advice, which is essentially what you are asking for. So, I urge you to contact a consumer law attorney in your area who has experience handling debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Best of luck getting your questions answered.

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