threatened with state attorney

[denise32]

What is the name of your state? Florida.

I have had a debt in which I have put off. I have not had any extra money and when I do other things seem to come up. I know I owe this debt but I have owed it for four years and now they have threatened to send it to the State's Attorney's office in one day. If this happens what can I expect. I am a single mother of two and have never had to deal with this before. thanks

 

[big_rob]

What kind of debt is it? Is it a credit card debt? Hospital debt? Depending on the nature of the debt, the Statute of Limitations may have passed.

 

[denise32]

State: FL.

This is an old gas bill/appliance bill for 293.00. After searching most of the night I believe the SOL would have been past had I not made a payment (after threat with court) about a year ago. (SOL, if I am read correctly is 4 years, which would have been up sometime close to Mar or Apr of this year. What will the State Attorney do? (Procedures I may expect) Thanks for your reply by the way.

Denise

 

[Ladynred]

The STATE ATTORNEY ?? For a utility bill ?? That's a new one on me --- and total horse manure ! The state didn't provide you with gas, the utility company did !

This is a B.S. threat to scare you into paying a collection agency. You're right the SOL in FL is 4 years, but with a payment, its now 4 years from that payment The CA is blowing smoke...

 

[denise32]

Thanks LadynRed. It is actually a gas company (Not sure if that makes any difference) and I am in the wrong for not taking care of it on time. I just feel like when they threaten someone it is wrong. There was just a little note at the bottom of this bill recently sent, "turning over to State Attorney on July 10" and I was hoping this was crap, but I was not at all sure. I am not sorry I made that payment even if it did roll over the SOL. Out of curiosity if they do decide not work with me now, what recourse do they have and can you give me a clue as to what I may face? I believe I read somewhere that there is a possibility they could NOT garnish my wages because FL has some kind of Head of Household stipulation, is this true?


Thanks again for all your help.

 

[Ladynred]

Threats are indeed ILLEGAL, per the FDCPA. The 'state attorney' thing well.. it never ceases to amaze me the baloney these CA's can think up to scare people. They're so sure we're all a bunch of blithering idiots that they can make up things like this.

FL does in fact have a Head of Household exemption from wage garnishment.

 

[denise32]

Lady,

Your knowledge is power is so accurate. I agree also that these people do think if you owe a debt you are a moron. I searched this forum and other sites on Florida Statutes to find out a little more and along with your help I feel better about my situation. Thanks again for all your input.

Denise

 

[Ladynred]

You're welcome, glad I could help