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Can a collection agency legally collect on a debt

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Can a collection agency legally collect on a debt that is over 10 years old?




Collections don't stop until you pay the debt. They will have to follow the laws while doing their collections. You must get confirmed about their authorization before sending money.

If the debt is past the statutes of your state, you get the legal protection. They can't sue you in the court. But if the debt is within the statutes, they will try for a judgment against you.

Sub: #1 posted on Sat, 11/11/2006 - 11:02

orake orake

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Actually there are limits on how long a debt can be collected. From what I can come up with its generally six years from the time the debt was charged off (also known as the DOLA - date of last activity on your credit report), however states do vary from 2 - 15 years depending on what type of debt. As long as you don't live in Kentucky or Rhode Island, it can't be more than 10 years from DOLA. Of course you should contact someone local to confirm this.
Good luck!

Sub: #2 posted on Sat, 11/18/2006 - 09:31

bobbie bobbie

(Posts: 15 | Credits: )

Welcome to the Forums :D Here is some info on SOL for you at http: //www.fair-debt-collection.com/statue-limitations.html it should tell you all you need to know for your state. The date of last activity is the last time you paid on your account. If you made a payment in 1999, then made another payment to them in 2005, then the DOLA would be 2005. Hope I didn't confuse you !...KAren Alot of people get scared and make a payment on something past the SOl, and it starts up the clock again.

Sub: #3 posted on Sat, 11/18/2006 - 13:22

Bossy4455 Bossy4455
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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.

Sub: #4 posted on Sat, 11/18/2006 - 15:33

Alexandra Alexandra

(Posts: 544 | Credits: )

What is considered "Date of Last Activity" I am showing several collections that are well over 10 years but are still showing. HELP!

Sub: #5 posted on Wed, 01/23/2008 - 09:45

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Lady, did you make any payments on these debts within the last 10 years? Making one payment resets the DOLA. Certain slimy CA's have been known to reage debts so they can keep reporting them longer.

The first thing I would do is dispute the old accounts as "not mine" with the CRA's.

Sub: #6 posted on Wed, 01/23/2008 - 16:27

LoneGunman LoneGunman

(Posts: 224 | Credits: )

Technically, if it is out of SOL, you can tell them to go away.. but usually they will just resell the debt to another JDB.

I've seen folks send a debt validation letter to them asking them to validate the debt, and they magically stop calling. They don't like to play with smart people that know their rights I guess :)

Sub: #7 posted on Wed, 03/05/2008 - 13:50

Shayla Shayla

(Posts: 25 | Credits: )

Thank you for your responses they have been very helpful.

Sub: #8 posted on Thu, 01/08/2009 - 11:49

loansbydeborah loansbydeborah

(Posts: 2 | Credits: )

Is this normal? Why would a collection agency buy a 10 year old debt? The probabiluty they'll be able to collect can't be very high...

Sub: #9 posted on Fri, 01/09/2009 - 10:11

melaniehenderson77009 melaniehenderson77009

(Posts: 13 | Credits: )

There are statues of limitations...if you pull your credit report it can tell you how long it will sit out there on you....BUT if collections agencies keep reselling your debt it gets a little confusing....and makes a mess of your credit report....to be honest..if you call the new hounds you might be able to settle for next to nothing and get rid of the headache all together.....

Sub: #10 posted on Sat, 01/10/2009 - 14:19

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