10-year old debt from a collection agency (from Capital One Bank)

by Diane
(New York)

Hi Gerri,
First I am trying to correct my credit issues by paying cash for my needs, also I don't have any credit cards to use.
I just received a notice from a collection agency for a debt that was defaulted in 2000/2001. The said I need to notify them in 30 days to dispute this claim.
I live in NY and I thought the statue of limitations was 6 years. I am currently unemployed and have no ability.
How would one handle this claim?
Thanks,
Diane

Comments for 10-year old debt from a collection agency (from Capital One Bank)

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Apr 07, 2010
old Capital One debt
by: Gerri

I believe you are probably correct about the statue limitations. According to my sources, the statue of limitations for most types of debt in New York is six years. However, I am not an attorney and can't provide legal advice.

As we explain in Debt Collection Answers, you can write the collection agency, tell them you believe the debt is too old, and ask them not to contact you again. They can't contact you again except to take legal action, which would be unlikely if the debt is outside the statute of limitations. (If they do contact you again after getting your letter, you can contact a consumer law attorney for help.) You?ll find more information on cease and desist letters here.

If you go this route, please also file a complaint with the Federal Trade Commission (FTC.gov) and your state attorney general.

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