Whether you have medical debt, credit card debt or unpaid student loans, getting calls or letters from debt collection companies can be frustrating. But it’s especially frustrating if your debt is several years old.
In most cases, no. However, it depends on when you made the last payment.If a debt is 10 years old but you were making payments under an agreement with the lender until 3 years ago, the debt is likely still within the statute of limitations and can be pursued by a debt collector.
Each state has a law referred to as a statute of limitations that spells out the time period during which a creditor or collector may sue borrowers to collect debts. In most states, they run between four and six years after the last payment was made on the debt.
Most debts have a statute of limitations that runs between four to six years. However, it’s still possible for a debt to be within the statute of limitations at seven years, depending on the debt, when the last payment was made and where you live.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means that a debt collector may still attempt to pursue it, but they can’t typically take legal action against you.
This is required under the federal Fair Debt Collection Practices Act even if you don’t ask, but asking is a good first step. Scammers will say they aren’t allowed to send a notice or will try to email instead, which helps you weed out the illegitimate callers.
1. Ask the creditor to send you written notice of the debt.
Once you receive written notice of the debt, you have 30 days to request validation of the debt. Mail your request to the creditor with a certified letter and ask them to validate the debt.
While you’re waiting for the response from the bill collector, contact a consumer law attorney or your state attorney general’s office to confirm the statute of limitations for the debt.
3. Confirm that the debt is within the statute of limitations.