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Aug 02, 2007 -- Fight back against creditors trying to collect expired debts

Did you know there are new requirements for reporting debts or delinquencies? Clark recently had the chance to speak with two experts on the Fair Credit Report Act and the FACT Act (Fair and Accurate Credit Transactions Act). What he learned was illuminating. For example, if you have a credit card debt that went delinquent in January 2000, you might start getting calls from collection agencies in December 2006 -- one month shy of the seven-year expiration limit. What's probably going on is that the collection agency has put a new date on your account. By doing this the agency is breaking the law. If the debt has moved beyond the statue of limitations, you have no legal requirement to pay that creditor anything. Bear in mind that Clark is not talking here about the ethical obligation to pay up -- that goes on forever. He's only talking about your legal obligation.

So what can you do if your debt has passed the statute limit and the collection agency puts a new date on the account just to harass you some more? You can sue them in your own small claims court where you live. They have to come to you and answer for their actions! Just beware that these legal battles can be a two-way street. There are a lot of unsavory characters in the collection business who will try to sue you on expired debts. If you don't show up in court, they get a judgment in their favor when they didn't deserve it in the first place. Meanwhile, Clark also shared some personal anecdotes about working as a bill collector in graduate school, and trying to collect on past debts when he had his travel agencies. To do the latter, he often showed up in person to collect his money! He was always polite and calm. And you know what? It actually worked and he got a lot of money that way.


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What others are saying

  • Old Debt
    What is the statue of limitations for debt in Florida.
  • Social Security and debt collectors
    My bank account was frozen because of a debt collector. I am on ss disabilty and veterans pension, i had to borrow money from family so i could get medication,i called the bank to tell them that they could not freeze my money and so they told me that they got a court order to freeze it, i have been living on hardly nothing but i do have family that is helping me out,this has never happened to me before this debt was about 3 years old i was trying to pay hospital bills which i have plenty of the banks do not know that it is illegal to take ss and veterans benefits
  • Midland Credit
    reported in one month of a 8,000 debt that is not mine.
  • A bill is owed forever. The debt doesn't go away when it's old. All the statute of limitations is...it's an "estoppel". That means that when you get taken to court for an old bill YOU have to raise the defense of the age of the bill and it will be thrown out. THE JUDGE WILL NOT RAISE THAT DEFENSE FOR YOU. Yu mst raise that defense yourself.
  • Statue of Limitations
    When does the statue of limitations clock start ticking on a credit card debt in the state of Missouri
  • Credit Card stolen in 2001 in Connecticut, Police report made. Items were purchased at Radio Shack and I am getting Collection Notices from AFNI, Inc.
    I reported this a minute ago but forgot to let you know where I lived at the time.
  • statue of limitations
    Where can I find the statue of limitations for Missouri.
  • CREDIT RIP OFF
    IS IT LEGAL TO BE HARRASSED FOR A DEBT,IF YOU REPORTED AN INJURY FROM THE PRODUCT AND SENT THE PRODUCT BACK, BUT THEY CONTINUE TO TRY TO COLLECT AND THE DEBT IS PAST 10 YRS OLD. THEY JUST KEEP SELLING IT AND PUTTING DIFFERENT DATES ON IT...HOW CAN THEY-- JC PENNY'S STINKS
  • What about the IRS????
    For the past 14yrs., the IRS never, ever informed me that I owed them (1994 and 1996). What about a statue of limitation on them? In January of 2007, and trying to get into a program which allows persons of my situation to buy a home, the mortgage lender informs me a an IRS lien. I've been disabled since 1996, on a small fixed income just enough to keep me going. I've written several, and I mean several letters to various authorities, but to no avail. What's the statue of limitation for the IRS?
  • Collection Agency
    What is the statute of Limitations on
    credit cards in Florida?I have an old MBNA acct.(bal.about $2300.00)that went delinquent in 1986;it was opened when I lived in Pa.in the 70's and early 80's(been in Fl.since 1986) .From time to time I still get collection letters then phone calls.Nothing has ever happened when I do not respond;different companies over the years.This debt just keeps floating around out there.Should I just ignore as usual,My credit is fine.
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