If you have a debt that is 10 years old and is a charge off then is purchased by a debt collector can they sue

Answer 1

I agree with slabberd (again)
Even though the account may be time barred for collections and it is illegal to sue, collection agencies file suits every day on time barred accounts.

Check your credit reports and see if they are reporting. If they are, unless it's for a judgment, then they have re-aged the debt and you could sue them for that.

If you are past the collecting SOL protect yourself and send them a SOL letter - which tells them the account is past the collection SOL. It not only basically tells them to take a hike, but it also lets them know that "you" know your rights.

You might do some reading in the link for state SOL's I have listed in my profile to see if you are out of SOL. Credit cards are always open accounts.

You might also do some reading in some of the other links like the FDCPA, etc.

Learn your rights and learn how to use them.

Answer 2

Even though the debt is outside the statute of limitation and the collection agency cannot legally collect from you, they may still sue you and hope for an easy default judgment.

If you get a summons from court, you must answer the summons within the time specified (usually twenty days). Use the expiration of the statute of limitation as an affirmative defense. The lawsuit should then be dismissed.

If they sue, you can also counter-sue for violation of the FDCPA.

Answer 3

If the debt was granted a judgment, then yes, the the debt collector can purchase it, renew it, and go after you. You can ask and require they prove you owe the debt (copy of the judgment) before paying.

I would tell them that you do not wish to speak to them until this debt has been proven. Debt collectors are trained to get money from you whether you can afford it or not. Best not to get into a phone conversation if you can avoid it.

Answer 4

If the debt is too old, you could use
this Non-Enforceable Debt Letter
from Ben Dover...
http://www.bendover.com/noenforce.asp

Note: He says anyone can sue you for
anything, anytime. Knowing your rights
and protecting yourself is important.

Answer 5

It's past the statute of limitations. If they call you, just tell them you are disputing the debt, you don't owe it, etc.

They cannot sue you if it's past the statute of limitations. If they call you, tell them not to call. If they write you, send them a letter back stating you dispute the bill, you don't owe it.

Do not indicate that you owe it in any way shape or form.

Answer 6

They can't sue. Ignore them.

Answer 7

7 yrs its off your credit report....to sue they have to get a civil judgement..which aint easy....i doubt it happens