Can debt collectors collect a debt that’s several years old? | Consumer Financial Protection Bureau (2024)

In many states, statues of limitations are in place to prevent creditors and debt collectors from using legal action to collect on an older debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the:

  • Type of debt
  • State where you live
  • State law named in your credit agreement

If you’re sued by a debt collector and the debt is too old, you may have a defense to the lawsuit. In addition, you may have a claim against the collector for violating the Fair Debt Collection Practices Act, which prohibits suing or threatening to sue for a time-barred debt.

When does the statute of limitations period begin?

In some states, the statute of limitations period begins once a required payment is missed. In other states, the period of time counts from when the most recent payment was made, even if that payment was made during collection.

Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.

To calculate the statute of limitations for your debt, you may want to consult with a lawyer.

Can a debt collector collect debts or sue me after the statute of limitations expires?

In most states, debt collectors can still attempt to collect debts after the statute of limitations expires. They can try to get you to pay the debt by sending you letters or calling you as long as they do not violate the law when doing so. They can’t sue or threaten to sue you if the statute of limitations has passed. However, this prohibition doesn’t extend to proofs of claim that are filed in connection with a bankruptcy proceeding.

A lawsuit filed after the statute of limitations expires is a violation of the Fair Debt Collection Practices Act, but a court may still award a judgment against you if you don’t show up and raise the statute of limitations as a defense. Ordinarily, it’s the responsibility of the person being sued to point out that the statute of limitations has expired. For example, you may need to show that there has been no activity on the account for a certain number of years. Again, if you have questions about the law, consider consulting an attorney.

If you're having trouble with debt collection, you can submit a complaint with the CFPB.

Learn more about debt collection.

Can debt collectors collect a debt that’s several years old? | Consumer Financial Protection Bureau (2024)

FAQs

Can debt collectors collect a debt that’s several years old? | Consumer Financial Protection Bureau? ›

In most states, debt collectors can still attempt to collect debts after the statute of limitations expires. They can try to get you to pay the debt by sending you letters or calling you as long as they do not violate the law when doing so. They can't sue or threaten to sue you if the statute of limitations has passed.

Can a collection agency report an old debt to credit bureau? ›

Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.

Can a 10 year old debt still be collected? ›

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

What is the CFPB final debt collection rule? ›

The final rule, among other things, clarifies the information that a debt collector must provide to a consumer at the outset of debt collection communications and provides a model notice containing such information, prohibits debt collectors from bringing or threatening to bring a legal action against a consumer to ...

Can a collection agency collect a debt from 20 years ago? ›

The law does not eliminate the debt, it merely limits the time frame that a creditor or collection agency has to take legal action to collect it. The time frame varies from state-to-state but is generally 3-6 years.

How many years before a credit bureau is legally allowed to remove old debt? ›

Late payments remain on a credit report for up to seven years from the original delinquency date -- the date of the missed payment.

How long before a debt becomes uncollectible? ›

4 years

Can I be chased for a 20 year old debt? ›

The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.

Do I have to pay a debt that is 10 years old? ›

The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment.

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

What is the 777 rule with debt collectors? ›

The 7-in-7 rule explained

Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.

What is the 7 7 7 rule for debt collection? ›

This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.

What's the worst a debt collector can do? ›

Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.

Can a debt collector come after you after 25 years? ›

In California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable.

Should I pay off a 5 year old collection? ›

Paying off collections could increase scores from the latest credit scoring models, but if your lender uses an older version, your score might not change. Regardless of whether it will raise your score quickly, paying off collection accounts is usually a good idea.

What happens if you don t pay a collection agency after 7 years? ›

Under the Fair Credit Reporting Act, in most cases, debts can only appear on your credit report for seven years. After that period is up, the debt can no longer be reported. Also, if you've had a delinquent account on your credit report, creditors can hold the debt against you.

Can an old debt be added to your credit report? ›

Generally, a delinquent account can show up on your credit reports for up to seven years from the time your first delinquent payment was originally due on the account. If a judgment was taken against you on the old debt, it may also be reported for up to seven years from the date of judgment.

Is a debt collector permitted to report information on past due accounts to credit bureaus? ›

Debt collectors may report your debt to credit reporting companies, which put together credit reports that creditors use when deciding whether to give you credit. However, debt collectors cannot report false information about your debt.

Can old debt be re-added to a credit report? ›

In rare circ*mstances, items deleted from your credit reports can, in fact, reappear on your credit reports even after the dispute resolution process has been completed. This practice is referred to in the Fair Credit Reporting Act (FCRA) as "reinsertion."

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