Statute Of Limitations & Debt Enforcement

Orlando, FL Attorney Works with Clients Dealing with Bankruptcy Statue of Limitations

If you are like many Americans struggling to make ends meet, you may have already begun the process of declaring bankruptcy. Bankruptcy exists to help people deal with their debts, allowing them to discharge some debts and better manage others. There are many factors anyone considering declaring bankruptcy should become familiar with, which is why it is so important to have an experienced Central Florida bankruptcy attorney on board throughout your case, making sure that deadlines are met so that you can fully begin your financial life anew.

Kissimmee’s bankruptcy lawyer Walter F. Benenati has the skill and knowledge you need to learn everything there is to know about the bankruptcy process, including the statute of limitations for debt payments and how to deal with debt enforcement.

Many people ask, “If I filed bankruptcy in 2004 or 2005, when can I file bankruptcy again?” A lot of people are surprised when I tell them the law changed in 2005 and for some reason many people think it is seven years until you can file bankruptcy under a Chapter 7. That used to be the law. Now it is eight years until you can file a Chapter 7 bankruptcy. Many clients hire us well before the time they can file and begin a payment plan to us so at least we can handle all their bill collector calls. We handle harassing debt collector calls from the first day a client hires us.

Florida Statue of Limitations on Debts

A statute of limitations on a debt is the period of time following the last payment made on an account, during which a creditor can fairly sue for payment. Once the statute of limitations has expired, however, the debtor no longer has to pay.

In the state of Florida, the statute of limitations is five years for written agreements and four years for oral agreements. Statutes of limitation on debts do not affect how long they may be listed on your credit report, which is usually around seven years.

Debt Enforcement

When you are contacted by a collections agency for the first time, they are required to send you a written notice in the mail within five days. The notice must include three important pieces of information:

  • Total amount owed
  • Name of your original creditor
  • Actions to take if you wish to dispute the debt

If you have representation by an attorney, then collectors should contact your attorney instead of you. If a collector contacts you to demand payment on a debt that you believe to have been paid or that you do not recognize, then you must dispute the debt with 30 days of initial contact with the collections agency.

Call Today

Filing for bankruptcy in the state of Florida is a complex process, with many deadlines and details that need to be followed to the letter or the case may be dismissed. By contacting the Benenati Law Firm, you ensure that you have the finest in bankruptcy representation in Central Florida. Call him today at his Orlando office at 407-777-7777 to make sure you can begin again.