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My grandmother was recently contacted by Performance Maintenance Company trying to collect on a seven year old debt from Montgomery Ward. I don't know what the statute of limitations are in Louisiana, but I remember from somewhere that you cannot collect on a debt that is more than seven years old.

So even if the company has turned the debt over to someone else, can they collect the debt after seven years?

Any advice is appreciated because now they are starting to call her every day and she is beginning to worry.

Posted: Tue Nov 14, 2006 9:17 pm Subject:

They can collect for the next 40 years if they wanted to, albeit there is a point of diminishing returns and they would be wasting their time.

You may be getting the magic "7 years" number from the FCRA, which says a derogatory credit item can only remain on your credit file for 7 years from the date of first delinquency.

Depending on the Statute of Limitations in your state, they may or may not be able to successfully sue you in court, but they can still try to collect on it even if the SOL has expired.

Send a cease and desist letter from her, and tell them the only way she will allow communication is through the mail.

Posted: Wed Nov 15, 2006 5:13 am Subject:

They just can't gain a judgement against you after a certain period of time. But they call collect from not until forever on the debt until it's paid.

butterfly · Posted: Thu Feb 21, 2008 10:14 pm Subject: credit card debt

What can I do if a company has filed for a debt that is over 7 years old?

Posted: Fri Feb 22, 2008 5:25 am Subject:

Hi! i think you need to check the SOL for that particular loan in Louisiana. You should also contact a lawyer to see if they can sue you, and whether you are entitled to get legal protection in such cases.

Posted: Fri Feb 22, 2008 5:47 am Subject:

Laurel, the La loan was posted last year. we do not know what state the new poster is from. We do need to find that out.

Butterflydee · Posted: Fri Feb 22, 2008 7:54 am Subject: 7 year old debt.

I am in Pennsylvania.

Posted: Fri Feb 22, 2008 8:13 am Subject:

Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).

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