Florida Agreement and Assignment of Judgment for Collection to Collection Agency

State:
Multi-State
Control #:
US-02705BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

The Length of a Judgment A judgment is good, and can be enforced, for up to 20 years. That seems like a long time, and it is. A judgment is good for 10 years and Florida allows a creditor to ?renew? a judgment before the expiration of the 10 years for an additional 10 years, thus giving a judgment almost unending life.

The Florida statute of limitations on debt collection for written contracts and promissory notes is five years. The statute of limitations on debt collection for oral contracts and open-ended accounts (including credit cards) is four years.

The Florida Consumer Collection Practices Act prohibits both debt collectors and creditors from using deceptive and abusive tactics when collecting debts. In Florida, both the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) regulate debt collectors.

The lifespan of a judgment issued by a Florida court is defined by Florida law as twenty years. If it is recorded and operates as a judgment lien, it must be re-recorded before its tenth anniversary to maintain whatever priority it has as a result of the original recording.

The Florida statute of limitations on debt collection for written contracts and promissory notes is five years. The statute of limitations on debt collection for oral contracts and open-ended accounts (including credit cards) is four years.

Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.

In Florida, a judgment lien has a limited lifespan of ten years from the date of its issuance by the court. ingly, the judgment creditor must renew the lien to keep the lien in effect beyond these ten years by filing a renewal affidavit with the Clerk of Court in the court responsible for the initial judgment.

A judgment lasts for up to 20 years. This means that the person who obtained the judgment can collect on it until it is fully paid, for up to 20 years after it is filed with the clerk and recorded. The judgment can be renewed for an additional 20 years by request to the court of the judgment creditor.

Florida debt collection laws are governed by the Florida Consumer Collection Practices Act (CCPA) which prohibits both debt collectors and creditors from using certain types of abusive, deceptive, and misleading debt collection tactics.

Return to the Clerk of the Court that originally issued your judgment and ask for a Writ of Execution. Deliver the Writ to the sheriff's department for the county where the debtor's property is located. Provide the sheriff's department with: A deposit to cover their fees and costs.

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Florida Agreement and Assignment of Judgment for Collection to Collection Agency