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My spouse has a rent debt from a Florida property sold to a…

Customer Question
Hi! My spouse has...

Hi! My spouse has a rent debt from a Florida property sold to a collections company. We are trying get approved for a new apartment in the next year, and I am wondering if we should try and settle or not? The debt will reach five years in July. Will we be able to dispute it and have it removed from credit once we reach 5 years?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

He owes ~$2k to "rent debt automated" from a florida property

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He was arrested for a DUI (ended up a misdemeanor) but the property did not let him stay post-arrest so they kept his deposit and charged him the rest of the lease.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that's all

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/14/2017
Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,099
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Was there a Judgment against your spouse for the debt?

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Customer reply replied 7 months ago
Hello! No judgement — just sold to collections.
Lawyer: DamienJD, Attorney replied 7 months ago

Hold, please.

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Lawyer: DamienJD, Attorney replied 7 months ago

You mention 5 years. Is that because you believe that is the statute of limitations. Usually, it is 7 years for a item to come off a report.

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Customer reply replied 7 months ago
I know in Florida the SOL for the lender to sue is 5 years, so I wasn't sure if that was related to the 7 years of credit reporting.
Lawyer: DamienJD, Attorney replied 7 months ago

I understand. Let me check a little more on it.

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Lawyer: DamienJD, Attorney replied 7 months ago

Okay. I am finding that the debt can still appear on your report up to the 7 years even if the collection agency can no longer collect on it. Most negative information can be reported for seven years. The statutes of limitation for most consumer debts, on the other hand, is four to six years. So you could have a situation, for example, where the statute of limitation expired on a debt in five years but the related collection account still appears on your credit reports for another two years after that.

We can continue to discuss this. Just let me know if you have follow-up questions or I missed a question you have.

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Customer reply replied 7 months ago
Ok thank you. So he would be protected from a judgement but not from the reporting.
Lawyer: DamienJD, Attorney replied 7 months ago

You are welcome. Yes.

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