Port Charlotte, FL asked in Collections for Florida

Q: If I never paid on a collections bill from 2011, doesn’t that meant the SOL expired in 2016?

Services rendered supposedly in 2010, but they sent the bill to collections in 2011. However, no payments were made whatsoever. No one knew it exited. Because no action was taken.

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: How many times are you going to ask the same question?

The statute of limitation begins to run when the last action needed to make a good cause of action accrues. Generally usually normally, this means the last time a payment was made. While there are circumstances which can pause the statute's running, as a general rule the statute runs 4 years on an invoice and 5 years on a contract.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Raise the SOL as a defense and make the collection agency hire a lawyer to try to collect it. Caveat: Do not argue that you never knew you owed anything--because that is clearly not true.

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