How long before a debt is unenforceable?
In most states, the statute of limitations ranges from three to six years. Some states, however, allow debt collectors up to 10 years to file a lawsuit against you. The statute of limitations time clock usually starts on your first missed payment date.
| State | Written | Oral |
|---|---|---|
| Alaska | 6 years | 6 |
| Arizona | 5 years | 3 |
| Arkansas | 6 years | 3 |
| California | 4 years | 2 |
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.
The time period between your last contact with the creditor – whether it was a payment made, a letter or a telephone conversation – has been six years, this means that the debt has become “statue barred” and the creditor is no longer allowed to pursue you for payment or take any further legal action against you.
The debt will likely fall off of your credit report after seven years. In some states, the statute of limitations could last longer, so make a note of the start date as soon as you can.
If you attempt to contact creditors and dispute the debt, your actions could cause the clock to restart, thus allowing creditors more time to take legal action against you.
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.
There's no time limit for the creditor to enforce the order. If the court order was made more than 6 years ago, the creditor has to get court permission before they can use bailiffs.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
You aren't legally required to repay debt that has passed the statute of limitations in your state. However, you may need to appear in court to prove the debt has expired. Never give personal information or pay over the phone if a debt collector contacts you.
Should I pay a debt that is 6 years old?
The best way is to pay
Most people would probably agree that paying off the old debt is the honorable and ethical thing to do. Plus, a past-due debt could come back to bite you even if the statute of limitations runs out and you no longer technically owe the bill.
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.
You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Collections agency debt
Instead, it'll typically remain there for the standard period of seven years starting from the date it was filed. Under certain conditions, however, the collections agency can remove the report from your credit profile early.
If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.
Paying off old debts before they reach the statute of limitations or credit reporting deadline can positively influence your payment history, a significant factor in your FICO score. This move can boost your credit score and contribute to a healthier credit profile.
Paying your debts after the statute of limitations expires
If a debt collector can no longer try to collect because the statute of limitations on the debt has passed, you technically still owe the money — the debt collector just can't sue to enforce the debt. You could decide to repay all you owe anyway.
Debt collectors are prohibited from contacting you if you request, in writing, for them not to do so. To be free from harassment. The Federal Fair Debt Collection Practices Act requires that you be treated fairly without harassment. Visit dfpi.ca.gov/get-help to connect to resources related to this legislation.
Loans, medical debt and credit card debt are generally all able to be discharged through bankruptcy. Tax debt, alimony, spousal or child support and student loans are all typically ineligible for discharge.
How many times can a debt be resold?
If you and your debt collector can't reach a repayment agreement, your account may be sold to a different collection agency. This process can repeat many times, lasting far beyond the statute of limitations for debt collection in your state, or the limited time window in which debt collection typically occurs.
Take a deep breath and understand that accounts in collection won't plague your credit reports forever. They'll generally fall off your reports after seven years, and you may even have options for getting them removed before then.
The statute of limitations on debt in California is four years, as stated in the state's Code of Civil Procedure § 337, with the clock starting to tick as soon as you miss a payment.
In most states, a credit card company can't sue you for debt that still has not been paid after seven years. However, the statute of limitations varies from state to state.
It is important to take action after receiving this letter, Lowell will continue to apply pressure to receive payments and any attempts to ignore their requests will likely lead you into further debts, legal action and the potential for the agency to send bailiffs to your house if you continue to ignore these requests.
