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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102192
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Do threats of debt collection under Florida Statute 718

Customer Question

do threats of debt collection under Florida Statute 718 for late payments of
Condo Fee Assesments have Time allowances Under FDACPA filings?
30 days...then 60 days.,,,,,then 90daysto trial of denial of debt ? before the
debt is resolved ?
Is there some period like 1 year that a Complaint maybe filed to collect?
Collections MAY BE FORECLOSED only after 1st Mortgages are satisfied?
These things need to be defned in a Collection effort madE by collecter.!
The courtesy of a reply will be very much appreciated.............
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Threats by creditor to file suit or to send something to debt collection do not extend/pause/toll the statute of limitations. (Also, FDCPA deals with what a collection agency can and cannot do when collecting a debt; FDCPA generally does not influence the statutes of limitation of the debt.)

There is no mandate to have to wait prior to filing a civil complaint in a court of law. Many creditors - including Associations - try to collect via other means prior to filing suit, but they do not have to and may file a suit immediately.

The Association may continue to collect on a debt - via collection agency or a lawsuit - even after foreclosure, if the debt was not fully satisfied via the foreclosure process.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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