How long does a company have to collect a debt?

how long does a company have to collect a debt

Posted August 13, 2015 6:05pm

Richard Glenn Elie

Posted August 13, 2015 8:02pm

I agree with Mr Valencia.

You have to be certain as to WHEN the debt was defaulted. You can check your credit report and it should show when the creditor reported the last payment to the credit bureaus. That would be your starting point.

Six years hence from 2009 places it into 2015, but WHEN in 2009 and WHEN in 2015 i a big open question.

If you receive a letter from the collection agency, they may tell you that your debt is past the statute of limitations and so they cannot sue you, but may offer to settle the debt for a smaller sum.

The reason why they do this is because you still owed the money, its just

that the debt collector cannot threaten to sue on a time-barred debt. The original creditor can, though.

Also be aware that statute of limitations is an affirmative defense. Therefore if you are sued, its your obligation to answer and assert the SOL in your pleadings or else its disregarded as waived.

Click on "Find a Lawyer" above and locate a debt collection defense lawyer to consult with over this.

This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

Source: www.avvo.com

Category: Bank

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