How to Fight Back Against Debt Collectors Who Try To Collect Expired Debts

October 5, 2007 By Matthew Paulson

When it comes to dealing with some parts of the debt collection industry, it can often be much more akin to dealing with a scummy neighbor rather than an actual professional business. A portion of the debt collection industry will do whatever they can, regardless of how immoral it may be, to get the money they think they are owed. They will call children when their parents aren’t home and tell the children that their parents will go to jail if they don’t pay their debts. They will call several times a day and disrupt your life as much as possible. They’ll call your neighbors and tell them that you’re a deadbeat. They’ll even try to get your family members to pay on the debt. This industry is out of control. Some debt collection agencies are now trying to collect upon debts that are past the statute of limitations and breaking the law to do so, fortunately you can fight back.

According to federal law, you have no legal obligation to pay any debt that has had no activity in the last 7 years. If you had some bad credit card debt in college a decade, you legally don’t have to pay it. There’s still a moral obligation to be a good citizen and make good for the debt that you have, but you’re not bound to pay it according to the law.

If you borrowed money in January of 2001, it’s very likely that in December of 2007, just before the statute of limitations expires on your debt, you’ll start receiving calls from debt collection agencies trying to get money out of you. It’s very likely that they illegally changed the date on the debt. They will claim hat there is some sort of activity on your account making it active again, resetting that 7 year expiration clock and continue to try to collect the debt even though the statute of limitation on collecting that debt has expired.

Collection agencies are increasingly changing the date on debts, even though no activity has occurred. According to the Federal Fair Debt Collection Practices Act, this practice is illegal. If a debt collection agency does this to you, you can sue them in small claims court at your local courthouse, and they’ll have to come and defend themselves. You’ll likely be able to get that debt removed from your credit report once and for all and potentially receive some sort of punitive damages.

If a debt collector tries to collect a debt that’s past the statute of limitations, you have no obligation to pay it. They will probably illegally change the date of the debt and try to collect it, but you don’t legally have to pay it, and you can fight back.

Posted in debt