Can debt collectors collect a debt that’s several years old? | Consumer Financial Protection Bureau (2024)

FAQs

Can debt collectors collect a debt that’s several years old? | Consumer Financial Protection Bureau? ›

In most states, debt collectors can still attempt to collect debts after the statute of limitations expires. They can try to get you to pay the debt by sending you letters or calling you as long as they do not violate the law when doing so. They can't sue or threaten to sue you if the statute of limitations has passed.

Old (Time-Barred) Debts: Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. Collectors Taking Money from Your Wages, Bank Account, or Benefits: When collectors can and cannot garnish your wages or benefits.

Creditors and collection agencies can sell your old debt, which means adding a new date, but this does not make the old debt new. The original delinquency date remains the same and should fall off your credit report after seven years.

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

This rule clarifies how debt collectors can communicate with you, including what information they're required to provide at the outset of collection about the debt, your rights in debt collection, and how you can exercise those rights.

The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.

Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.

Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.

They gave you the money, and you should pay. The same is true even if the debt is sold and belongs to someone else. However, you have every right to dispute the debt if details are lost during the transition from the original creditor to the debt collection agency.

Can you collect on a debt that is over 7 years old? ›

Most states have a statute of limitations in the range of three years to six years, though some give debt collectors as long as 10 years to take you to court.

Paying off collections could increase scores from the latest credit scoring models, but if your lender uses an older version, your score might not change. Regardless of whether it will raise your score quickly, paying off collection accounts is usually a good idea.

While the statute of limitations shields you from legal action, creditors can continue pursuing a repayment. Clearing old debts can halt the persistent calls, letters, and emails from debt collectors, offering you peace of mind and safeguarding you from baseless threats.

The “777 Rule” states that debt collectors may attempt to contact a consumer about a single debt up to seven times in seven days. Phone numbers do not matter; it's the number of debts that matters.

The 7-in-7 rule explained

Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.

The worst thing they can do

If you fail to pay it off, the collection agency could file a suit. If you were to fail to show up for your court date, the debt collector could get a summary judgment. If you make an appearance, the collector might still get a judgment.

If a creditor hasn't contacted you about a credit debt within the 6 year time limit they can't force you to pay it back. They also can't force you to pay if there were problems with the original agreement, for example if they didn't include the right information about how the money would be paid back.

In California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable.