Whether you are past the collecting SOL or not depends on a couple factors - type of account and your states SOL statutes.
If it is an open account , credit card, etc. or sale of goods (UCC) utilities, etc., then you would be out of the collecting SOL if it has been 11 years or more since you defaulted.
If it is a written account, it "may" be possible that you could still be within the collecting SOL. Not many states have a long written SOL statute, but some do.
If it is for a judgment, that depends on your states judgment statutes.
If it is a government, state or child support type of debt, there is no SOL.
As bdancer said, they cannot place it on your credit reports since that would be reaging and illegal.
If it is a general type of debt, open or written etc, they can legally continue to contact you concerning the debt unless you tell them to stop. If you are past the collecting SOL, you can legally send them a SOL letter informing them the debt is no longer legally collectible and to stop contacting you.
If you are past the collecting SOL and they (illegally) sue before you send a SOL letter, you would have to use an affirmative defense of SOL in with your answer.
If you live in a long written SOL state, they do have a legal right to sue - if they want to.
If it's a government, state, etc. type of debt, they can legally go after you for as long as you live - and that includes suing.
2007-08-28 15:43:38
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answer #1
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answered by echo 7
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Well it's beyond the reporting period so it shouldn't be on your credit report. But the collector can call until you write them a cease and desist letter. Then they will probably sell the debt off to another collector who will call you.
It's likely that the debt is beyond the statute of limitations (SOL) but some old debt collectors sue and hope you don't show so they can get a default judgment. So if you get a summons be sure to show up in court.
Of course, you could do the moral thing and work out a settlement.
2007-08-28 22:11:22
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answer #2
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answered by bdancer222 7
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If you are contacted by a creditor and the debt expired under the Statute Of Limitations
The only thing you need to say to the collector is, "I have an absolute defense because under the Statute of Limitations, the debt has expired."
Just remember that The Statute of Limitations does not cause your debt to disappear after it has expires. If a creditor files a civil lawsuit, the person has an absolute defense to use against the creditor in court. They must present the new evidence in the court to avoid a potential judgment. You file the proper papers to the court to support the claim of a absolute defense. If the creditor tries to sue ,in a court of law and you do not prove to the court that the Statute of Limitations has expired, then you will have automatically lost lawsuit and a judgment will be issued against you.
2007-08-28 22:09:52
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answer #3
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answered by Anonymous
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first check your credit stuff, all three big guys can give you one
for free (experian.com , transunion.com and eqaifax.) according to law you can obtain a review from each once a year. then see if this 11 year old debt is still on there, most likely it is not. that company that is trying to collect is hired by the company that you originally owed and it was "sold' to this company to get whatever they could get from you. if you have any interaction with them, it may start the whole process over again, another seven -eleven years. the thing is, it lies upon
you, if you can afford it, pay it off.
2007-08-28 22:25:47
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answer #4
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answered by barrbou214 6
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Your debt has been sold and they can and will put it on your credit report again. The best thing to do is to try and take care of it , maybe with a payment plan if you can get them to go for it.
2007-08-28 22:24:06
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answer #5
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answered by BILL 7
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Tell them to get bent, the statue of limitation has ran out and they need to stop calling you. DO NOT ADMIT to the debt or it will start over.
2007-08-28 22:07:44
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answer #6
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answered by zib 2
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There is NO statute of limitations on owed money. If you still owe it, then they can attempt to file legal papers to garnish your paycheck, if you live in a state that allows. You may need to contact legal representative.
2007-08-28 22:14:41
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answer #7
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answered by mitch9262002 3
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