Can a collection company continue to try an collect after 9 years?

Question

9 years ago I lost a business because of a disability an at the time I was single and my finances forced me to not be able to pay a few credit cards ,now they have sold out to some company that has wrote me a letter saying I owe them ,I am still diabled an do not have the amount they say I owe ,isn't there a limit on years of collecting a debt?

Answer 1

I think the first two posters are confusing the reporting period with states statutes of limitations for collecting.

The reporting period for credit cards is 7 years from the first time a person was 30 days late and never brought the account current leading to the charge off - and "cannot" legally be re-aged to run for a longer period.
You should order your credit reports and make sure they are not reporting it.

As for the collecting SOL, many states have different time limits. You would have to check your states SOL to find out if you are past it.
The time that SOL starts for credit cards depends on your state. It either goes by the same date as the reporting period or if it starts by the last action (last payment or charge before the charge off)

Collectors can continue to collect for as long as they want, even if the account is past the collecting SOL.
While it is illegal to sue on a time barred debt, it does not stop them from filing. If they file suit, it's up to the debtor to use an affirmative defense of SOL in their answer.

Check the SOL for your state.
If you are past the collecting SOL, send them a SOL letter. It notifys them that the account is no longer collectible (and to basically take a hike)

If you are still within SOL, you might send a debt validation letter. If you are still within the first 30 days after receiving a first notice from them, they must stop ALL collection activity until they properly validate.
After this long of a time and being sold from one agency to another, I really doubt that they can properly validate (but it can happen)

You might click on my profile and do some reading in the links I have listed to the FDCPA, the link to find your states SOL and especially in the last link listed.

Answer 2

I will tell you better. Just before I filed for chapter 7 bankruptcy, I missed payments on a citibank mastercard. The rate before I did that was 18%. It went to the "default rate" of 34%. Then they called me and that's when I told them I was going chap 7. You are most certainly going to be put with a default rate that may go up as high as they want. The collections agency may add their own fees too to try to make even more money from you, as they may only make the fees, and have to hand over any real money you pay. Good luck

Answer 3

I beg to differ with the first two respondents. Statutes of limitations on debt collections ONLY refer to the ability to take legal action (seek a legal judgment) against the person who owes the debt. There is NO statute of limitations on the ability of a collection agency to attempt to collect a debt via OTHER means.

Answer 4

7 years is usually the limit and it starts after collection proceedings have begun. If you make any payments (even $1) it starts all over again. http://www.ihatedebt.com/DealingWithYourCreditors/TheDebtCollectionProcess/TheDebtCollectionProcess.php

Answer 5

YESSS THERE IS A LIMIT!!! THE LIMIT IS SEVEN YEARS AND THE ONLY DEBT EXCLUDED IN MOST CASES IS STUDENT LOANS!SOMEONE IS TRYING TO EITHER SCAM YOU OR ARE USING A NEW CREATIVE WAY TO COLLECT! ITS SEVEN YEARS AND ITS ALWAYS BEEN THAT WAY!

Answer 6

Yes...the debt doesn't outlaw for 20 years.

Answer 7

statute of limitations is seven years, tell them you will see them in court.