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How long can a CA claim a debt against you

Date: Sat, 11/18/2006 - 08:20

Submitted by anonymous
on Sat, 11/18/2006 - 08:20

Posts: 202330 Credits: [Donate]

Total Replies: 2


A collection agency is claiming they have 3 claims against me and one goes back to 11 yrs ago. I don't believe I owe any of these and there might be fraud involved. How long can they claim a debt before it is no longer a debt. I was understanding that anything after 7 years its no longer a debt.


As far as the 7 years you mentioned, that is the time period that a debt can stay on your credit report, but depending on the type of debt and your state's SOL laws, it can be valid longer than the 7 years, and a CA can legally still try to collect on it.

Have you sent the CA a debt validation letter yet? If not, I certainly would do that, and also check out your state's SOL laws to see if a CA can still legally try to collect.


lrhall41

Submitted by Tiffany99 on Sat, 11/18/2006 - 10:47

( Posts: 1058 | Credits: )


I found this on credit.about.com:

[quote]The Fair Debt Collection Practices Act (fdcpa) does not place any limits on how long a collection agency may attempt to collect on a debt; it does prevent a debt collector from threatening to sue you to collect the debt if the statute of limitations has run.

The statute of limitations - the time during which a lawsuit may be filed against the debtor regarding the debt - differs from state to state, and depends on what type of underlying transaction (i.e. a check, credit card debt, auto loan, etc.) gave rise to the debt; the seven year period refers only to how long a debt may be reported on your credit report. Check the laws in your state to determine the applicable statute of limitations for your particular debt.

Although a debt collector may continue to try to collect on an old debt, even if the statute of limitations has run, a debt collector may not:

-Threaten to sue on the debt.

-Report the debt to a credit reporting agency if the date of delinquency is more than 7 years ago.

-Continue to collect on the debt after you request, in writing, that they "cease and desist" further collection activity.

-Continue to collect on the debt after you inform them, in writing, that you refuse to pay the debt.
[/quote]

I hope this helps. It has helped me.


lrhall41

Submitted by Alexandra on Sat, 11/18/2006 - 15:02

( Posts: 544 | Credits: )