Expert: Ray A Miller - 1/31/2009

Question
I LIVE IN FLORIDA. MY TAXES ARE OFFSET BECAUSE OF A AAFES/DPP CREDIT CARD I HAD 10 YEARS AGO. IT HAS REACHED ITS STATUE OF LIMITATION AND IS NO LONGER ON MY CREDIT REPORT. FIVE YEARS AGO I TRIED TO MAKE ARRANGEMENT TO PAY WHAT I COULD BUT THE CARD COMPANY SAID IT WASN'T ENOUGH TO KEEP MY ACCOUNT FROM BEING OFFSET. THEY DID TAKE MY TAXES THAT YEAR TO PAY A PORTION OF THE BALANCE WHICH I HAVE A BALANCE OF WHAT I OWED. THREE MONTHS AGO,  THE CARD IS NOT ON MY CREDIT REPORTS, I RECEIVE A COLLECTION LETTER SAYING I OWE 3 TIMES OF WHAT I HAD OWED BECAUSE OF INTEREST.  ITS NOT ON MY CREDIT REPORT AND  IT SEEMS ODD THAT A COLLECTION AGENCY WOULD SEND A LETTER.QUESTION 1 IS EVEN THOUGH THE CARD IS NOT ON MY CREDIT REPORT AND HAS REACHED ITS STATUE OF LIMITATIONS, CAN THEY STILL OFFSET MY TAXES?QUESTION 2 IS CAN THE COLLECTION AGENCY ADD INTEREST OR COLLECT ANYTHING TO A INACTIVE AND CLOSED CARD THAT IS NOT EVEN ON MY CREDIT REPORT AND REACHED ITS STATUE OF LIMITATIONS?

Answer
The statute of limitations on debt in Florida puts a time limit on the amount of time you can be sued for a debt.

Oral Contract: 4 years

Written Contract: 5 years

Promissory Note: 5 years

Open-Ended Accounts: 4 years

Above are the SOLs for Florida.  My Advice to you is to contact the Florida office of the Attorney General, web site:  http://myfloridalegal.com/
and report this company.  Also report them to the FTC and the Florida BBB.

If I can be of further assistance please let me know.