Debt collector trying to collect debt off credit report
(steamboat springs, co, us)
I have an old credit card debt that is about to expire on my credit report, and today I received a call from an attorneys office trying to collect on that debt. My credit report says its scheduled to be removed on May 2014. Can a creditor or debt collector try and collect on a debt that has expired off your credit report? Also if I do agree to a payment plan will that renew the time it spends on my report? I live in colorado.
Reply from DebtCollectionAnswers.com:
The length of time an item can be reported on your credit reports is governed by the Fair Credit Reporting Act. The statute of limitations, on the other hand, is a matter of state law and addresses how long the debt collector has to successfully sue you for the debt. According to our sources, the statute of limitations for most consumer debts in Colorado is six years. If you have not made a payment on this debt in six years than it may be that the statute of limitations has expired. (We are not attorneys so please do not take this is legal advice.)
If you confirm that the statute of limitations for this debt has expired, then you can send the debt collector a letter instructing them not to contact you again. We suggest you read our information on using a cease and desist letter to stop a debt collector.
The only way this debt could appear in your credit reports longer than the 7.5 years mandated in the Fair Credit Reporting Act is if the collector successfully sued you and obtain a judgment against you. That judgment would then start its own seven-year reporting period.
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