I have a question. If a person has a very old debt that has been purchased by 3rd party collections. The debt is so old it has already fallen off their credit report. Can the collections agency do anything other than harass you or can they actually go for a judgment and still collect the debt?
I thought after such a long time and already falling off credit reports that was the end of it. Or is a debt collectable regardless of how long its been?
Thanks
I actually found out that they cannot legally pursue the collection of this debt due to statue of limitations has expired, so they can effectively pound sand because they have no options except to harass me.
Every state has it’s own statute of limitations. What state are you located in?
Alabama currently, which since the debt is around 8 to 10 years old is way past the time.
My question is can I stop them from calling or contacting me completely?
I’m in WV and it’s 10 years here… if they have not actively attempted to collect then no they cannot collect it and have to stop contacting you.
I would recommend that you have them verify the debt. Example, dentist never charged our insurance for daughter dental visits… 4 years later I got a bill for over $5,000… I contacted my dental insurance and dental office… dental office stated they billed insurance but couldn’t provide proof… WV law if they do not bill medical within 180 days they cannot collect it… the collection agency gave me a lot of grief until I demanded they first verify the debt and second put all correspondence in writing. I stopped answering the phone and blocked the number. I got 2 letters from them - first a summary of dates of service and second a follow-up letter stating they were unable to verify the debt.
You can document when they are harassing you, have a paper trail, such as your phone log of calls and texts and keep that info on your phone, do not delete it, the judge may want to see the actual context rather than printed out-which can be tampered with. Have any correspondence ready and take them to court for harassment and let the judge decide.
@rick.campbell posted:
Alabama currently, which since the debt is around 8 to 10 years old is way past the time.
My question is can I stop them from calling or contacting me completely?
Yes, you tell them do not contact me by phone. Only communicate with me by mail. And they must stop calling you. Inform them that the debt is beyond the statute of limitations and is no longer collectible. Following up with a certified letter stating these same things is the best option. But usually, they stop calling me, and then I’ve never received mail from any of them.
I have an old car debt that is 12 years old and every year they update a garnishment order and the Judge keeps signing it every year. I think it is all a fake cause it is definitely way past the statute of limitations for any state. Plus I filed BK during that time.
