Furthermore, check with your state's attorney general about the statute of
limitations on debt collection.
State statutes of
limitation on debt collection apply to open ended contracts such as credit cards and store credit accounts and contracts for sale under the Uniform Commercial Code (UCC).
The statute of
limitations on debt collection is the amount of time a creditor has to take legal action against a debtor to sue them to collect for debts owed.
Either the company can not do anything for you and is lying to you about the results that they are providing so that they can take more of your money or your debts are more than seven years old, which would put them beyond the statute of
limitations on debt collection.
Basically, if a debt collector gets you to admit that a debt is yours and you legitimately owe it, they can reset the statute of
limitations on the debt collection clock.
Not exact matches
Following are legal considerations about some of the common
collections concerns for debtors in New York: Statutes of
Limitations: A statute of
limitations on a
debt is the time period following the last payment made during which a debtor can be sued successfully for payment.
Additionally, this process is difficult to pull off anyway as there are a number of ways that responding to a
collection attempt
on the
debt will reset the timer
on the statute of
limitations.
Like most
debts, IRS
debts have a statute of
limitations on collection, and if the
Collection Statute Expiration Date arrives, the IRS can no longer enforce the tax lien.
Insider tip
on small errors
on legitimate
collections you really do owe: Even if a
collection account is removed from your credit file, if your state's statute of
limitations for collecting the
debt has not passed, the
collection agency will probably update its records with the correct information and report it to the credit bureau, where you will see the account reported correctly.
Another reason for not paying outstanding
collections debt is that by making a payment you have just reset the clock
on the statute of
limitations.
So, when they near the end of the statute of
limitations on your
debt, they may choose to sue just to get a judgment and keep the
collection option open.
Numerous articles have been written
on this Forum about
debt collection companies who buy «zombie
debt,» i.e.
debt that is no longer owed due to the expiration of the statute of
limitations.
It is common this day and age for a
debt collection company to stop
collection on a
debt after failing to prove the validity of the alleged
debt, allowing thousands of consumers to pay nothing
on these alleged
debts, and wait out the statute of
limitations.
They say they can sue you or offer settlement
on a
debt that is past your state's statute of
limitations for
collection.
If a
collections agency starts calling to collect
on a
debt that's outside the statute of
limitations, you'll have grounds to demand they stop.
Also, while a
collections agency can attempt to collect a
debt on which the statute of
limitations has run out, suing or threatening to sue the borrower for such a
debt is considered to be in violation of the FDCPA.
Legally, a person is not obligated to pay these
debts because of a legal statute of
limitations placed
on collections of
debts that are older than seven years.
See related: 9 tips for jobseekers with bad credit, 10 things you must know about credit reports and scores, Video: The basics of
debt settlement, Dealing with tactics of bad
debt collectors, 5 federal laws that protect cardholders, Statutes of
limitations on credit card
debt across the nation, Tips for dealing wtih
collection agencies, Attention: Terms are changing
He began with the observation that when the statute of
limitations has passed
on debt collection actions, creditors are estopped from suing you to collect.