On a bad debt unpaid(auto repo) can a collections agency or lawayer collect when it has been nearly 10 yrs. ?
373857
Here are a couple thoughts.\n\nFirst, the FCC and FCRA (fair credit reporting act) both have something to say about harassing phone calls.  There are only certain times during the day when collection agencies and their affiliates are allowed to call a debtor.  Furthermore, they are not allowed to contact a debtor at work or on a cell phone (assuming that the debtor has dutifully informed them that the number is a cell or work number).  She can easily file a complaint with the FCC about the harassing behaviour if these companies aren't complying with the regulations.\n\nThis person needs to look up the statute of limitations for collecting a debt in her area (or for the area in which she lived when the contract was signed).  My understanding is that a business is legally entitled to try to collect on a debt forever and there isn't a statue of limitations.  However, if this person was married during the time or was under 18, she may be able to prove that it isn't her debt legally, allowing her to stop collection efforts.\n\nAlso, any type of communication that this person has with these agencies or their affiliates is voluntary unless she's been given legal notice.  That being the case, I recommend that she simply ignore them and they'll go away because it's just not worth their time to keep bothering you.  They'll write off the debt before too long.\n\nSuing the companies for harassment would just aggrivate the situation and cost her time and money which, presumably, she can't afford.\n\nFinal suggestion:\n- Contact a local consumer assistance hotline.  You might be able to find one by contacting your local PIRG (USPIRG site: http://www.uspirg.org/)\n- Obtain copies of her credit report from all three CRAs and determine if anything has been posted regarding this debt.  If applicable, follow the CRAs requirements for having the debt removed if it was reported.
866440
Lawyer here and a NY lawyer--\n\nYou haven't given enough information and the way your question is phrased I'm not sure what you are asking...there is no statute of limitations applicable to debt collectors, only as to debts.  Now if you are talking about oral, written contracts, promissory notes or open accounts (and that would include a credit card revolving charge account) the statute of limitations applicable to a suit to collect the debt is six years.  \n\nThe NY statute of limitations starts to run on a credit card account from the time the debtor becomes delinquent.\n\nThe statute of limitations does not prevent the filing of suit--you can still be sued, but you raise the statute as a defense.\n\nYou mention fraud, without giving any details, so I can't say what fraud you are talking about or whether it is fraud.  However, if you were defrauded, that too would be raised as a defense to any suit against you and can also be raised as your own claim against your alleged defrauder--assuming the statute of limitations on fraud has not expired.\n\nFinally, if you are talking about debt collectors, the statute of limitations will not bar them from trying to collect the debt.  In fact, if you say the wrong thing to them, you can revive the debt and start the statute of limitations clock running again.  So my first advice is don't even talk to them--when you do they try to get to you make statements that go against your interest and they record them in their business records which are admissible as evidence in a suit against you.  \n\nThe creditor or collection agency may theoretically continue with letters and telephone calls forever (although third-party collectors are subject to the "cease and desist" provision of the Fair Debt Collection Practices Act.)\n\nBelow are a couple of links which might help you if your problem is credit card debt:
991465
As a former financial counselor seeing the number 7 makes me cringe. I am not sure where people get their information, but the "7 year" rule is something from the past. Realistically nowadays, depending on the type of debt, negative credit history can remain on your credit report up to 10 years, sometimes even longer than that. Collection agencies make it a regular routine to sell older accounts from one to another, each time reporting it as a new uncollected debt on your report. As far as bad debts, the statutes of limitations, which varies by state, is 7-10 years after your first delinquency. That is, this is the amount of time that can pass before the lender is no longer able to take any legal actions to satisfy the debt. If I were you, I would make an honest attempt to pay off some of these debts in order to improve your credit rating. It's always better to take action than to sit back and wait for things to happen. Bad credit isn't fixed overnight. It takes time and energy on your part to correct the situation that you put yourself in. Be patient and make an effort, and you will see your credit rating improving over time.
531124
You need to pay it and it will show a PAID collection on yout bureaus. Theres no way around it.  Have you disputed it with the bureau?  If they cannot validate it within 30 days they have to remove it per the FCRA.  You could try that route.
195335
By law, the collection agency must "validate" your debt.  That means that, upon written request, they have 30 days to supply you with copies of contracts, bills, receipts, and anything that was used to calculate the amount that you owe.  If they fail to supply this, they must remove your information from the credit bureau, and must stop bothering you.\n\nYou are about to go to war!  Do NOT fight these guys unarmed!  Knowledge of the law is your only weapon, go read the links below and GET ARMED!  \n\nYou got an easy slam dunk case here.\n\nFrom this point on, keep a log of every call you make/receive regarding your debt, and copies of all letters.  You will need this if you wish to prosecute.\n\nUse the sample letter I supplied below on how to write a request to validate letter.  Send it by certified mail to the collection agent.  \n\nAfter 30 days, if they do not respond, send letters to the credit reporting agencies, along with a copy of your validation letter, and demand that they remove any negative report that is in your file.\n\nIf the collection agency does respond back, and the information is not given or incomplete, send them another letter and demand it again, but this time threaten legal action if they place anything on your history.\n\nJust keep the credit bureau's informed of the problem, and if they don't remove the history hire a lawyer and sue under the \nFair Debt Reporting Act.\n\nI'm going to bet that you don't owe a lot on this, right?  Less then $200?  They won't even bother to sue you.  They will send it back to the original creditor.  It's not worth the time of the Collection Agent to sue you for that small an amount.  The only weapon they have is your credit history, and if you follow my instructions will stop that.\n\nGet armed!  Read the links below!
426070
What was the date you defaulted on the loan?  When did you pay last?\n\nWith that much penalty/interest, it sounds like an old debt.  Each state has a statute of limitations, and after that time you have no legal obligation to pay the debt.  So that will at least get any creditors off your case.\n\nAs for your credit report, you can try what the previous responder said, and send a letter to the collection agency (See the links I've supplied below for info).  But I'm going to bet it won't work in your case, especially for a large credit card company that does this nonsense all the time.  They know the game, and know how to play dirty.\n\nJust because a loan has been charged off and closed does not mean you are off the hook.  The balance can be sold to a collection agency, and they can continue to try and collect.  Without looking at your agreement, I can't advise on how legal their intrest and penalty charges are.  But they will also threaten you with legal fees if they try to take this to court.\n\nCredit reporting agencies will report this debt for 7 years, after which they MUST remove it.  So check the dates, and if this is an old debt my suggestion is ride it out, then watch the report drop by itself.\n\nContact me if you need more info.
365213
In this case, they can.  But read my entire message...\n\nAccording to the Fair Credit Reporting Act, they can only report your debt for 7 years, starting from the DAY YOU DEFAULTED on the loan.  Many people are reporting that it begins on the date of the last transaction.  They are wrong.  Read the info in the sources below, I think it states it pretty clear.  If that's not good enough, I can send you a copy of an FTC position statement to clarify it even more.\n\nNow, many times collection agencies will purchase an account, and not really know when the default date was.  So they will simply place whatever date they want on it.  This "date bumping" is illegal, and if you can prove it you can sue them for $1000.  If you have any past bills or paperwork, examine it.  Check the reporting date on your credit report.  If it is wrong, protest it and get the whole negative report removed from your record.  \n\nThe reason they get away with this is because you don't know the law.  So they will take advantage of that to harrass you.\n\nNow, as for actually collecting the debt, check the statute of limitations for your state.  After that date, you no longer have a legal obligation to pay them.  The can continue to try and collect, but any legal action can be tossed out of court due to the expired SOL.  \n\nRead the links below for more information on this.  \n\nYou are fighting a war with creditors.  Do not fight them unarmed.  Knowledge of the law is your only weapon!  Get armed and read the links below!!!
74830
That depends on what type of debt is causing your bad credit. There are a number of different time frames for items to be removed from your credit report. Inquiries remain on your credit report for 2 years. Delinquencies, collection accounts, charge-off accounts, chapter seven bankruptcy, and paid tax liens remain on your credit report for 7 years. Chapter thirteen bankruptcy remains on your credit report for 10 years. Unpaid tax liens remain on your credit report for 15 years. This information came directly from the credit bureau. If you feel the information on your credit report is too old to still be reported, you should file a dispute with the credit bureau directly.
306209
7 years from the time it was last reported on. So basically from the time either you or they closed out the account. But a little hint you may want to try is to get your report and dispute anything negative on it. If the individual creditors dont respond back in time to the dispute it can get removed from that specific report. Believe me that works !
335066
I work for a collection agency.  If they call you, tell them you want to pispute the charges.  They will give you an address.  You have 14days from the day they tell you this to write the letter and for them to recieve it.  They will evaluate the vilidity of your claim.  However, if you claim fraud and you are lying and all the calls made were made by you, you will go to prison for fraud.\nThey can give you a settlement...anywhere from 80% of the original bill to 50% of the original bill, depending on what company you are with.  And they might take payments.  Most do.\nGood luck to you.\nRemember, this will affect your credit and collectors report every 30days to the creit bureaus.
695909
If it's been 10 years since you made any payments, wait another 6 months and the charged off account will be off your credit report and won't matter anymore.  Some of them may have fallen off after 7 years anyway.
989481
Dealing with old debt \nBy Lucy Lazarony • Bankrate.com \nDon't let an old debt come back to haunt you. \n\n\nSome debt collectors are unearthing old debts, debts that are five to 10 years old or more, in the hope of squeezing some fresh money out of unsuspecting consumers.\n\n"I had one guy who got a call on a debt 14 years later," says Gerri Detweiler, author of "The Ultimate Credit Handbook."\n\nA collection call on an old debt can be tricky to handle, and if you handle it wrong it could lead to big trouble down the road. \n\nFirst off, it's important to realize that an old unpaid debt can't hurt you nearly as much as a new unpaid debt. \n\n- advertisement - \n \n \nAn unpaid credit account will mar your credit report for seven years. But once your debt passes the seven-year mark, you're in the clear. \n\nWith newer debts, debt collectors may call and threaten to sue you day in and day out. With an older debt, any debt collector that threatens to take you to court is breaking the law.\n\nThat's quite a difference and it all hinges on whether the debt a collector is haranguing you about is beyond the statute of limitations for delinquent debt in your state.\n\nOnce a debt is older than the statute of limitations for debt in your state, a debt collector no longer has the right to sue you for payment. You may still have a moral obligation to pay back the debt, but you can't be sued over it.\n\n"They can still ask you to pay, but they can't threaten to sue. If they do, it's a violation of the Fair Debt Collection Practices Act," says John Ventura, a consumer attorney in Brownsville, Texas, and author of the e-book Stop Debt Collectors Cold.\n\nLet's say you still owe some money on an old credit card account left over from your college days, 10 years earlier. And let's say the statute of limitations for credit card accounts in your state is five years. \n\nA debt collector may call you and ask you for payment for this forgotten account, but he can't take you to court or threaten to sue you over it. If he does, he's violating the Fair Debt Collection Practices Act. \n\nAnd since the debt is more than 7 years old, it's no longer listed on your credit report.\n\nWatch your step\n\nEven though a debt collector won't ever admit it, you're the one with the advantage here. But one little misstep could change all that.\n\nIn some states, making a partial payment to a debt collector or even acknowledging that you owe the money is enough to make an old debt new again.\n\nIf this happens, the five-year statute of limitations on your debt starts all over again. A debt collector has five more years in which to sue you for payment. And a non-payment on your new-again debt could be reported on your credit report. Then the advantage transfers to debt collectors.\n\nThe best way to handle a collection call for an old debt is to say as little as possible. Don't agree to pay. Don't acknowledge the debt. \n\nIn her book, "Money Troubles: Legal Strategies to Cope With Your Debts," attorney Robin Leonard offers the following advice: \n\n"You should never talk to the collection agency about it at all, even if they call at a permitted hour of the day. Just hang up the phone or put the receiver down and walk away."\n\nThe best way to respond to a collection notice on an old debt is in writing.\n\nUnder the law, a debt collector must send you a written notice telling you the amount of money you owe and the name of the creditor. If within 30 days of receiving this collection notice you write a letter back disputing the debt, a debt collector may not contact you.\n\nIt's a good idea to send this letter via certified mail so you'll have proof that the debt collector received it. Under the law, a collector may only renew collection activities if proof of the debt, such as a copy of a bill, is sent to you. \n\n"Definitely seek a
557633
You need to take the time to read the Fair Credit Reporting Acts and the Fair Debt Collections Act.  The reason you are having a hard time with these boneheads is because you don't know the law, and they are running all over you!\n\nI've posted the relevent parts below that will help you out.\n\nFirst, when you contact the collection agent, you must do so IN WRITING to prove you sent them a letter.  Be sure to state you want to have your debt VALIDATED!  This is very important.  Once they receive this letter, they must reply within 30 days.  Their reply must have PROOF that you have a legal obligation to pay this debt.  That means contracts, bills, receipts, and everything used to calculate what they claim you owe.  Also be sure to include a cease and desist warning, with warning about posting anything to your credit report while this matter is in dispute.  Once that is done, they can't do anything until the debt is validated.\n\nIf the fail to supply this information, and post negative information on your credit report, they will be in violation of the Fair Credit Reporting Act.  Whether the debt is legal or not, posting unvalidated reports is against the law and you can sue them in small claims court for $1000 very easily.\n\nIf they validate this debt, and it does appear you owe them, then pay the bill.  By law, the Collection Agency can not post anything to your report within 180 days of the date of delinquency.  (that's six months to you collection agents reading...).  \n\nI would also follow through with a negotiation demand that if you pay the bill, they will agree IN WRITING not to place negative information on your credit report, or remove anything that they did place.  Do not actually make a pledge to pay, or you may be restarting the clock on the Statute of Limitations.  Do not acknowledge that you owe the debt.\n\nContact me if you need any advice or encouragement.  I am not a lawyer or credit counsoler, just someone who likes to get under credit collectors skins.
822474
They can write off a debt after unsuccessful "reasonable collection efforts" are exhausted - usually 90 days. I don't recall any laws stating any time period but only reasonable efforts to collect.\n\nLook in the agreement, it may have the proof you are looking for. Some creditors have their own criteria for this and document it in the agreement.\n\nHave you tried to negotiate it with them? That is pretty cold to do that especially when you have proof you actually moved.\n\nGood luck\n\n================
192357
Once a bad debt (charge off) is reported to the credit reporting agency, it stays there for 7 years.  It will stay there unless the creditor tells them to remove it.\n\nTherefore, if you pay off the debt, the creditor >>>CAN<<< remove the negative report.  However, many of them will not do it unless forced to do so.\n\nOnce you have paid them off, you no longer have any leverage to force them to do anything.  Remember, collection agents don't give a darn about you, they just want their money.  \n\nThat is why it's so important to GET IN WRITING before you pay them anything that they will remove the report from your record once the debt is paid.\n\nWhy in the world would you pay them and still have a bad credit rating?  \n\nUse the sample letter below as a guide, and negotiate a settlement with them.
447189
The answers here are right for the most part. It is 7 years for bad debts and 10 years for bankruptcies (from the date of discharge). \n\nIt's 7 years from the date of last activity, not the date first reported. If you have an open balance in "active collection" (which can mean nothing more than "they still hold it as an open account and expect you to pay it someday"), that can go on for a long time (until they write it off then + 7 years).\n\nA lot of creditors (especially collection agencies) will no longer keep your file on hand more than a year or two after the account has been settled. If you pull your credit report and you have a negative item on there, AND the date of last report is greater than a year ago, I would dispute it and see if it falls off ;-)\n\nPS: Section 605(a)(4) that Studly pointed out states "(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. (note 2)"\n\nNote 2 says: "The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government insured or guaranteed student loans, or pertaining to national direct student loans."
775008
As far as I know, as soon as the payment is past due they can turn you in to collections.  Usually it takes a few months though before they do that, as they will have to give a cut of the monies collected to the collection firm.