I recently received a phone call about a bill I have completely forgot about. It was over 10 years ago that it was made. Can they still collect from me when the bill is that old?
2007-01-11 05:04:29 · 6 answers · asked by worried 1 in Business & Finance ➔ Credit
There is a statue of limitations on contracts that varies for 4 to 6 years in most states. I think it is longer in one or two.
If the statute of limitations has run, the creditor cannot legally enforce the debt.
There are "zombie" bill collectors that will try, but it is best to ignore them.
This debt should no longer be on your credit report, but debts can stay on the report after the staute has run. They are two separate things.
You can get into trouble by saying the wrong thing and reaffirming the debt. That is why it is best to ignore the collector.
It is also against the law for the collector to threaten legal action when he knows it is not possible.
2007-01-11 06:21:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, they cannot collect on a 10 year old bill. Every state has a statute of limitations; look up the one for yours. If they attempt to take you to court just enter "SOL expired" and they will throw it out. I would send them a letter to the effect that the SOL is expired and they will probably leave you alone.
2007-01-11 06:49:14 · answer #2 · answered by Kevin K 3 · 0⤊ 0⤋
most states have a statue of limitations, some don't. In most states the statute is 10 years. You may have to do a little digging but it will be on the Internet somewhere.
2007-01-11 06:41:16 · answer #3 · answered by nick w 2 · 0⤊ 0⤋
A bill is a bill,
If a service was provided for you, and you did not pay, then yes they can still collect on the bill.
You sound lucky, they just want you to pay the bill and have not added 10 years of interest to it.
I would say just pay the bill and get a recipt that it is paid and done with. Otherwise you can fight it, they can bring you to court, and have the interest added by a judge.
2007-01-11 05:14:15 · answer #4 · answered by PDK 3 · 0⤊ 1⤋
Actually, depending on the type of debt, there is such a thing as a Statute of limitations on a creditor's ability to cllect a debt. The time period does vary from state to state. Check here for your state http://www.fair-debt-collection.com/SOL-by-State.html#5.
A creditor is not barred from attempting to collect on an old debt but it is your responsibility to check the legimtimacy of such debt and the time period since it went into default. http://www.ftc.gov/bcp/conline/pubs/alerts/timebaralrt.htm
You might want to consult with an attorney who is licensed in your state for confirmation as to the type of debt and the time period during which it can be collected.
2007-01-11 05:29:38 · answer #5 · answered by O S 2 · 0⤊ 0⤋
Yes, they can take you to court and if they can prove you owe it they can collect. I would tell them that you require complete documentation before you will pay it as it could be a scam.
Do not pay it over the phone.
If they can prove it, pay it. If not then tell them that you contest it's validity. Tell them to please submit the issue to small claims court. So that you can dispute it in court. If they wn the case they can collect interest as well as "reasonable" legal fee's.
2007-01-11 05:15:53 · answer #6 · answered by Kdude 4 · 0⤊ 0⤋