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I live in GA. I have been receiving harrassing calls from a payday loan company in FL stating that I failed to pay them $555.00 from 2004. I advised them that I have paid to the best of my knowledge, but due to moving I have no receipt. Do I have to pay this again

Submitted: 645 days and 17 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Bainbridge, Georgia

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I have tried explaining to them that I don't understand how they can call me with this after 4 years and if I owed it why are they just now contacting me. This alone should show that something is wrong on maybe their part

Posted by Justice For All 645 days and 13 hours ago.

Answer

If you are not sure that you still owe it, I would not recommed paying until you find out whether the statute of limitations on the supposed debt has run. The statute of limitations for debt in Florida is four years, Dependinig on when exactly they are stating that you owed the debt, they may be too late to suddenly call you and demand payment.

If you are not aware of the debt or are unsure if the debt is valid, DO NOT agree to anything until the collector has validated the debt in accordance with the FDCPA, and you have verified the statute of limitations.

Here is a link to the Fair Debt Collection Practice Act that will help you.

http://www.fair-debt-collection.com/rules/fair-debt-collection-act.html

I hope this helps! If this has helped, please accept so that I may continue to help others as well.

Jennifer

645 days and 8 hours ago.

Reply

so are you saying that this statue covers checks written to payday loan companies because they are saying that they can do a bad check warrant even though it has been 4 years

Answer

If they are trying to claim that you wrote a bad check, their statute of limitations passed long ago.

In Florida, bad check complaints must be received no later than six months prior to the statute of limitations expiration. The statute of limitation for checks received for merchandise or services:

  • less than $150 - two years from the date of the check;
  • greater than or equal to $150 - three years from the date of the check.

The statute of limitation for checks received for rent or payment on account/debt:

  • any amount - two years from the date of the check.

Hope this clears it up.

Jennifer

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Don't forget to accept so that I may be compensated for my time.

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Expert: Justice For All
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/15/2008

Attorney at Law, JD

Over 8 years of legal experience /family law, general practice, and criminal defense.

Posted by Justice For All 642 days and 10 hours ago.

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If you need more help, please let me know. Otherwise, please accept so that I may receive credit for my time.

Thank you!

Jennifer

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