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Dec 04, 2008 -- Dealing with debt collectors seeking to collect on zombie debt

While most credit cards are cutting people's limits, PayPal is moving in the opposite direction and offering a new quasi-credit card. Clark hopes PayPal goes on to become a vigorous 3rd player in the market so they can bust open the Visa/MasterCard cartel.

Meanwhile, the number of people dealing with debt collectors is growing and growing. While many debt collectors do their jobs responsibly, others abuse the law and give the industry a bad name. The bad ones may try to collect money beyond the statue of limitations, which typically is 3-6 years in most states on most kinds of debt.

What should you do if you're confronted by a collector alleging you owe on a "zombie" debt? If you receive the 5-day letter -- so called because it gives you 5 days to respond -- you have a couple of options:

If you don't owe on the debt because it's past the statue of limitations, write them back via certified mail and tell them that. If the debt is still valid but you can't pay, write them back via certified mail and say that. In the latter instance, you can also tell them to stop contacting you further. Under the law, they are required to obey.

The only further contact you should hear from them is if they're suing you over the debt. In fact, one of the worst practices out there is when a debt collector knowingly sues you on an expired debt. If you don't show up in court, they get a default judgment against you -- even though there was no legal way you would have been required to pay.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Fighting Zombie Debt
    Some comments below don't get it. Zombie debt is debt that you've already paid off, or perhaps never even had in the first place. But "your" account, rolled into a big batch of accounts, gets sold off to a debt collection company. Now the debt collector starts calling you - even though you've already paid off this debt! So you don't owe it, but you still have to fight it. If you don't the debt collector can take you to court and win a judgment against you - then you will, legally, owe them money! Make sure you don't ignore zombie debt - fight it!
  • Statute of limitation on Ohio credit card debt
    Is there one?
  • statue of limitations
    good luck on that one, I went to court over same thing the judge disregarded the statue of limitation rule, I think they make up the rules as they go
  • fighting back
    I understand that if you owe a debt than you should pay it back. However, I'm a victim in someone trying to collect a debt from me but tacking on so many fees onto it. I see nothing wrong on posting and asking questions on how to handle a certain issue.....knowledge is power!
  • Zombie Debt
    I wonder if that includes my case. I received a collection letter from an agency knwon for sending collection letters for AT&T to peple, like me, that never had an AT&T account. It is not my bill. When I received the letter I looked them up the net. They have so many compalints against them. The Better Business Bureau gave them an F rating.
  • bad collections
    On the first of febuary, 1600 dalllors was taken from my bank account.
    It was teken by a collection agency. they say that I owed this to sears.I paid my sears account in 2005. When I coplained, i was told that I must have more than one account.I did not!
  • Quit being victims...
    ...have a spine, show a little class and dignity, and pay back what you owe. That simple. How you people sleep at night knowing that you'll take every avenue necessary to alleviate your obligation to a creditor is beyond me. Well, every avenue except for paying that is. Zombie debt? Seriously? Whoever coined this term just enabled everyone to not pay a bill after they conveniently ignore it for 2 or 3 years if they so choose. I worked so hard to get out of the hole I put myself in several years ago when I made some bad decisions. Just show some character and fulfill your obligation and quit trying to weasel your way out of it.
  • zombie debt
    I have an old debt with AMEX. The account opened in 1994 (NY) does not show in my credit report anymore. How do I make the collectors stop harrasing me?
  • Old debt
    Hi, I have a old debt with a major credit card and would like to verify that the debt is old.. How can I do this to prove to the collections company? Any suggestions ?
  • companies file law suit on old debt
    I listened to Clark. I credit card debt is six years old I DeKalb County granted a summons with a Marshal. I guess I shouldn't have listened to Clark. I had not choice and followed his advice, now I can loose my home. Where do I get a good lawyer or some help? Why does Clark give bad advice?
  • Paypal credit
    I have a line of credit with Paypal. I carry a balance but always make my payements on time. They raised my limit by $100 last summer but just last month decreased it by $100 claiming it was because of information in my credit report. The only thing that has changed is that I bought a home in October. All of my bills are paid on time so there is no negative information on my credit report. I'm paying off my balance this month and not using it anymore.
  • zombie debt
    What is the time frame regarding zombie debt incurred in CT?
  • Zombie
    I got a letter from a debt collector, trying to collect on a bill for 1987 Virginia State Taxes. I did live there then (was in Navy), but I have NO IDEA what my taxes were and if I even paid/didnt pay them. I dont know what to do here.
  • collections
    Sometimes your right and others you aren't because knowing what I know of the collections, if you opened an account and used it and had know intentions on paying for it. That is called robbing the company of merchandise and you are responsible for that. If it is a old debt and you know you owe it you need to pay for it. Zombie debts are the same. You opened the account you signed for the interest and that means you owe the debt. Just because debt collection companies buy the debt, doesn't mean it's paid for by them. The company that they got the debt from still wants their money! If you ever plan on purchasing anything BIG again, that debt is still going to be on your credit.
  • If you bought it, you OWE it!
    This is crazy talking about not paying your debt after it "expires"! If you are irresponsible and load up your credit cards, you owe the money regardless of how old the debt is. You have a moral obligation to pay the money back and if you don't it's no different than theft. I worked a ton of overtime for 3 years to pay of debt that was over 10 years old because my wife and I were stupid and ran up huge credit card bills. Just seemed to be the right thing to do, and I couldn't go to sleep at night knowing I defaulted on a debt that somebody extended to me in good faith. Not trying to preach here, but maybe our economy would be better if everybody just paid what they owed...
  • stolen credit card
    I have been sent a letter by a collection agency for charges on a credit card that was never activated. I moved from SC 3 years ago and Citi sent my new card there and I think it was intercepted and activated. It was used at 2 SC gas stations. Of course I haven't got the bill bc I live in GA now so Citi turned it over to a collection agency. Fortunately the charges are for only $120. I have contacted Citi about this and am faxing my dispute tomorrow. I don't know what the next step is and what I should do. Any help could be greatly appreciated
  • zombie debt
    What are my options if the debt collector persist with trying to collect the zombie debt after I don't show up in court, the debt is over 8 years Help!
  • Helen. Get the name and address of the company, the person you talked to, phone number, date and times that they called. Call them or send them a certified to letter to stop calling you. If they persist, hire a lawyer who deals with debt collectors and works on contigency fee. Also keep all paperwork they send you. No, you are not responsible for her debt.
  • Harrassement at work
    How can you avoid bill collector from harrassing you at work.
  • Auto call them back
    Voicent has a free version Broadcast by Phone autodialer software that can use Skype to auto leave messages. You can set this up to leave a message back to debt collectors and politicians that you will remove their number if they remove yours. Since most them leave a 1-800 number this will not cost you dialing charges. If enough people do this maybe they will leave us all alone.
  • Debt my mother had going back to 1998
    My mother passed away in a nursing home (she was on Medicaid) in Sept. She suffered from dementia going back to the early 1990's and had a lot of bad debt. She left no assets or bank account when she passed... and we are hearing from collectors trying to collect her debt. They are even asking me to make good on her debt... even though her credit was horrible and she only had social security back in the 90's when these cards were issued to her. Do these people have the right to harrass me about this?
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