Q: Next steps after receiving zombie debt notice
I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April 2010 (13 1/2 years ago), with no interest or fees charged between April 2010 and now. I am no longer a member of the credit union, haven't been for at least 10 years and have had no contact with them during that time, I received the same form last year but did not respond, There hasn't been a judgment issued according to court records and there isn't one listed on my credit report, and there has been no contact on the alleged debt for at least 10 years. Alleged debt is also not listed on credit report. What would be best next steps in responding? Wanted to ensure that any contact with the collection agency didn't restart the statute of limitations (as I understand it, 4 years in the state of Florida). Thanks
A: You might want to start by contacting the credit union. Ask them if their records show you owing them something, and if so, whether they sold the debt to a collection agency.
1 user found this answer helpful
A:
The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.
I would send a cease-and-desist letter to the collection agency. If they violate the letter, you may have a claim against them. The company appears to be what we call a "bottom feeder." These companies by old debts for pennies on the dollar with the hope of getting consumers to pay them. You can obtain a sample cease and desist letter from my website.
1 user found this answer helpful
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