12 year old debt

by Melody
(proctor oklahoma)

can a collection agency collect on a debt over 12 years old

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Dec 09, 2011
12 year old debt
by: Debtcollectionanswers.com

Melody:

A debt collection agency can try to collect a debt for as long as you owe it. In other words, you could hear from collection agencies about an unpaid debt for years and in fact certain kinds of collection agencies specialize in collecting very old debt.

What you may be thinking of is how long you can be sued for a debt because there is a limit on that. The period of time you can be sued for a debt is referred to as the statute of limitations. It is set by individual states and the period of time tends to vary depending on the type of debt that is owed. If a debt collector (or a creditor) sues you for a debt after the statute of limitations on the debt has expired you can use that fact as a defense in court. Contact a consumer law attorney in your area or your state attorney general's office to find out what the statute of limitations is on the debt you are writing about.

You should know that if the statute of limitations on a debt has expired and you are contacted by a debt collector about the debt, you should not admit that you owe the money and you should not offer to pay any money on the debt -- not even a little. Why? Because if you do, you risk restarting the statute of limitations on the debt all over again, which would make you vulnerable to being sued. A better way to handle the situation is to tell the collector that you do not want to be contacted about the debt again and then to follow up your request in writing. When you do, the federal Fair Debt Collection Practices Act says that the collector is not entitled to continue contacting you about paying what you owe. If you write such a letter, you should send it certified mail with a return receipt requested. Make a copy of your letter for your files. You will need the copy and the receipt in the event the collector continues contacting you and you decide to take legal action. I recommend that before you send your letter, you read our advice on using a cease and desist letter to stop a debt collector.

Dec 26, 2011
Thank you!
by: Anonymous

You information in this helped me a great deal. Capital One is trying to get me to pay a debt that is 1. Over 12 years old. 2. Was suppose to be paid by my ex-husband per the divorce agreement. 3. Is over $3000 on a $400 credit card! I have no idea how they got that kind of number!

Reply from DebtCollectionAnswers.com:

Wow! Talk about an inflated balance. Glad you've found it helpful.

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