QUESTION
Am I liable for a bill that is eight years old and has been sold to a collection agency?
Asked on Sep 01st, 2011 on Bankruptcy - Virginia
More details to this question:
The bill is over eight years old and has been sold to a collector. Am I liable to this debt?
10 ANSWERS
If you have not paid on it in over 6 years, then no. But if you are sued, you need to raise the lack of payment as a defense. Many collectors trick you into paying something so you start the 6 year clock ticking from the start again.
Answered on Sep 26th, 2011 at 10:25 AM
Elvin Garry Grundy
Under Arizona law, a debt evidenced by writing is only valid for 6 years. (See A.R.S. Section12-548)A debt collector that fails to verify a debt while filing suit in an Arizona court may be found liable for the costs of defending against a meritless debt collector's claim, including paying attorney's fees. Furthermore,damages in the amount of $1000.00 per violation will sound for a debt collector's failure to verify the debt.
Answered on Sep 07th, 2011 at 10:07 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes, whether they can collect depends upon what the statute of limitations is in your state.
Answered on Sep 06th, 2011 at 9:59 AM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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The answer will vary from state to state based on the applicable statute of limitations and whether the creditor (original creditor or debt purchaser) has made any attempt to collect on the debt.
Answered on Sep 02nd, 2011 at 1:50 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes until you are sued on the debt and assert if available a statute of limitations defense.
Answered on Sep 02nd, 2011 at 11:09 AM
Glen Edward Ashman
Maybe and maybe not depending on details you have not shared. See a lawyer.
Answered on Sep 02nd, 2011 at 9:24 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a debt is not reduced to a judgment, the usual statute of limitations is 4 years from the breach.
Answered on Sep 02nd, 2011 at 5:38 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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The bill is valid but if you are sued then you can allege the defense of the statute of limitations (4 years) and win the lawsuit. Many people are sued and ignore the lawsuit and the creditor gets the judgment. That means you waived the defense of the statute of limitations so you need to take action if sued. That does not mean the bill does not show on your credit report a lot longer even if not legally enforceable because the credit report shows your paying history and whether or not a bill cannot longer be sued upon does not change the fact that you did not pay. Creditors like to know how you have handled credit in the past so your history of bill paying is relevant to decide whether or not to give you credit in the future.
Answered on Sep 01st, 2011 at 8:39 PM
judith runyon
The statute of limitations for a creditor to collect on a debt in California is 4 years from the last payment or use date. They can't sue you for the debt but they can still call you and try to get you to pay it.
Answered on Sep 01st, 2011 at 8:27 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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No. And don't acknowledge it or it becomes new and thus your obligation.
Answered on Sep 01st, 2011 at 8:24 PM