The Statute of Limitations in Florida is 5 years for a written agreement, and 4 years for most other things including a loan without a written agreement. Unless this creditor obtained a judgment against you, the debt is probably past the Statute of Limitations (there are a few unusual exceptions) and cannot be sued upon. This does not mean that the debt is "gone," but that it cannot be enforced through legal process.Yes, it sounds like a scam. I have heard of these kinds of scams before with old payday loans. Your wages cannot be garnished unless there is a judgment against you, and even then there are exemptions and procedures that must be followed.The next time they call, before you disclose anything to the caller, get and write down the following information: (a) the name of the caller, (b) the name of the company he or she works for, (c) the name of the original creditor, if different, (d) the mailing address of the person at the company, (e) the amount of the original debt and the ammount they claim is currently owed, (f) Whether they have any paperwork on this debt that you signed, (g) whether they have filed a lawsuit or obtained a judgment. If they have obtained a judgment or have any paperwork, ask for them to send a copy -- and that you will not pay anything without seeing and verifying the paperwork.Then write a letter to the address given (send it by certified mail and make sure you keep a copy) telling the company that you demand verification of the debt, that you deny the debt, and to not contact you again except by mail.If they call again, they will be in violation of federal and state consumer collection laws, and you may want to talk to an attorney who handles Creditor Harrassment cases.
Answered on May 10th, 2016 at 2:15 PM