info seeker
Sep 2, 2006, 12:53 PM
Hi Everyone,
I'll start with some history;
In '88 (Broward County, FL) I was busted trafficking...
It was a legitimate bust.
In addition to a 42 month sentence I began serving in Jan '89
I was also fined 50K (of which I never paid a penny).
While cleaning up my act over the past 19 years I've tried to
Leave all that stuff behind me.
Recently I was contacted by a collection agency about the 50K
I never paid to the county. Isn't there some statute of limitations
In this sort of thing or am I still responsible for the fine?
excon
Sep 2, 2006, 03:22 PM
Recently I was contacted by a collection agency about the 50K
I never paid to the county. Isn't there some statute of limitations
in this sort of thing or am i still responsibile for the fine?
Hello info:
Yes, and yes. Yes, there is a statute of limitations, and yes you're still responsible for the fine.
I'm being technical here so bear with me. There is no statute of limitations on a debt. If you owe it, you owe it forever. There is, however, a statute of limitation on how long they have to file suit. Depending on the particular jurisdiction, the average time to file a civil suit is between 3-6 years.
Therefore, it's my view that you owe it, but they can't collect it. However, be safe. Look up the law in that county.
Clearly the government didn't use the hammer it had to collect the debt when it could, so they've written it off. Then along comes this bottom feeder who buys lists of bad debts for $.10 on the dollar. They try to intimidate some poor schnook into paying. If they collect, they're fat.
Write them a letter. Send it certified, return receipt requested. Tell them to never contact you again in any manner whatsoever, pursuant to the provisions in the Fair Debt Collection Practices Act of 1968.
If they contact you again, report them to the FTC, and you might examine filing a lawsuit against them.
excon
PS> It occurred to me that a fine levied in connection with a criminal conviction may NOT, indeed, be a “DEBT” per se. It may be part of a criminal sentence, and if so, wouldn't be covered by any civil debt legislation.
However, if that's so, and I believe it is, the government didn't collect when it could, and isn't trying to collect now. So, no matter whether it was a debt or a criminal sanction then, today it's being collected like a debt, and that's good for you.
valinors_sorrow
Sep 2, 2006, 04:20 PM
Maybe you can investigate it further here?
http://www.clerk-17th-flcourts.org/
I found that site off the county site here
http://www.broward.org/findanagency.htm
Just a thought.
s_cianci
Sep 2, 2006, 06:48 PM
Generally there is no statute of limitations when it comes to a fine that you were ordered to pay. Statutes of limitations apply to prosecutions for alleged crimes committed, not to carrying out sentences once you've been convicted. The fine is part of your sentence. The only way you'd be exempted from having to pay the fine is if the conviction were to be overturned. This is not likely to happen since you yourself admitted that the bust was legitimate.