How long does one have to collect a debt?
 

Is there a "statute of limitations" so-to-speak on collecting a debt? Some loser owes me $3800 for work I did around '08. He filed bankruptcy (corporate), but never listed me as a judgment creditor. Now his BK is overwith and he's back in business.

Can I still proceed to collect the debt after all this time? :confused:

Bump for an interesting question.

+1 as I'm owed $3k by a fellow pelican since March

Since March of this year? You're still good to collect.

As for Danny, good question.

Answers.com has this regarding debt collectors..
Answers.com - Can a collection agency attempt to collect on a debt that is almost 10 years old

Out them! I'd prefer to face a judge any day than the Pelican vigilante crew...

More info..

Debt problems: Statute of Limitations on Debt Collection

Debt Collection Statute of Limitations – What’s the Statute of Limitations On Debt

I have a client that is a bankruptcy lawyer. I can ask him, but it would probably only pertain to Ca.

Good info. The one link indicated 4 yrs. in FL for written contracts.

Thanks.

You are welcome. I hope it works out.

Considering the BK, more than likely you're legally hosed. An ad would have been placed in the paper at some point during proceedings calling for creditors with a legal interest to make their claim.
He may not be aware of that, so you could try to strong-arm him a bit.

Won't help getting your money back but if your transaction was started here, contact pelican.
Had a guy in Fla. try and stiff me for a 16 valve Cylinder head. He was dealt with very fast by the powers that be here at Pelican and was banned. We don't need deadbeats doing "biz" on this board.
As for your 3k, I recommend a baseball bat and a plane ticket.

Well, I'm not "bent" for the money but am very concerned. The fellow is in the real estate biz and we all know how that has gone. He has helped me personally in the past and I will always owe him that debt of gratitude. I can't understand the run-around I'm getting..."I'll have my accountant send half the money on Monday"...that was a more than a month ago... .

None-the-less, $3K is a fair bit of $$ and the goods at issue were re-sold at more than the amount in question...I don't know what happened to that money and we never had a paper contract. I have plenty of documentation that the transaction took place and that the goods were re-sold (I sent them to that buyer from here). I'm being played but would rather not flush our friendship if possible. It is costing me sleep.

do you have a court judgment against him or what??

I agree. The debt is "prepetition". Doubt you'll have any grounds to collect.

I thought the personal bankruptcy laws were modified(helped by RE lobbyists) a few years back in order to make it more difficult to shed debt.

If it was corporate debt, I don't know if a corporate FOIA filing(is there such a thing?) or a estate/assets disclosure filing would find more information. If the company had recoverable property or funds they might be recoverable, but bigger creditors would have to be satisfied first.

I understand squat about the legal weight of just changing a company name, if the owner and the new business are the same. There's a slim hope a small claims judge might just throw out the protection of his corporate status, especially if he hasn't filed yearly

As with anything, the amount vs. your time and energy will be the deciding factor.
Walmart will always have baseball bat sales after the season is over.

If the business owed you money and it went bankrupt I believe it would have been up to you to file a claim with the court.

I think you are SOL.

Not the OP but my payment was received in its entirety this past week!!