Asked in Collections for Florida

Q: I had a judgment in 2011 after I lost my house in foreclosure (Florida). How long do they have to collect?

A debt collector just contacted me saying they acquired my debt, and want me to respond. 1)How long do they have to collect?

2) What are my options??

Thanks!

Thanks for the response(s). It was a judgment for money, but the amount they are seeking is ~$17k more than what the judgment was for.

They sent a letter via usps standard mail.

Related Topics:
3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: There should be a judgment for money, not merely for foreclosure. Assuming there is a judgment for money, or an order for the same, and is registered as a judgment, then the debt collector has 20 years to collect the judgment.

1 user found this answer helpful

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Collections Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I agree with my colleague, only a money judgment would be collectible, so there is probably a deficiency judgment entered following the foreclosure. Judgments are good for 10 years in Florida and the creditor can renew them for another 10 years. Part of the post-judgment collections process involves you providing your financials to the creditor. You are required to provide this information and if you fail to do so, they can obtain a contempt order against you, so you will want to be sure to read correspondence carefully and communicate with the creditor, so as to avoid that possible scenario. If you are considering bankruptcy, you may want to consult with a bankruptcy attorney to discuss whether or not you are a good candidate, otherwise you may want to get on a repayment plan. Just don't agree to a payment that you cannot afford!

1 user found this answer helpful

James  Turner
James Turner
Answered
  • Collections Lawyer
  • Orlando, FL
  • Licensed in Florida

A: How did they contract you? By phone or letter? You should ask if they have proof of ownership of the debt.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.