QUESTION

Can a debt that is over 20 years old be collected?

Asked on Sep 24th, 2012 on Bankruptcy - Nebraska
More details to this question:
We received a letter stating they will garnish wages for a small debt from 23 years ago. We believe the debt was apprx 400.00. We are not sure if it was paid. They have no idea what the debt was for and are threatening to garnish wages. Can they do this?
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7 ANSWERS

Family Attorney serving Henderson, NV at Harris, Yug & Ohlinger
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Most likely, that is beyond any conceivable statute of limitations. But here's what you have to watch for.in Nevada, which is like most states, the statute is calculated from the date of last payment. So even if the contract is really old, like a mortgage, if you made a payment within the Statute period then they can collect. However, there was a big case in the ninth circuit where a credit refund for some reason was treated as a payment, and the collections agency thought it was a payment, and sued and then got sued and were found to have violated the FDCPA. So the devil is in the details, which is why I always recommend that a consumer law attorney be consulted. If there's a violation of the FDCPA present collections agencies almost never pay consumers directly, but they will pay a consumer law attorney if there's a violation. Best wishes to you.
Answered on Sep 28th, 2012 at 12:13 AM

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Dennis P. Mikko
Most likely if there has been no action on the debt for over 20 years, the statute of limitations would prevent them from obtaining a judgment. If suit were to be filed, you should defend on the basis of the statute of limitations. Such a defense would be plead initially as either an affirmative defense or by motion for summary disposition. If there was a judgment entered 20 years ago and no action was taken on the judgment, it would have expired after 10 years and could not now be collected. If action is taken to attempt to collect on the judgment, again, you should file a motion asking that the action be terminated as the judgment is no longer valid.
Answered on Sep 27th, 2012 at 11:49 PM

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Litigation Attorney serving Pearl River, NY at Law Office of Bijal Jani
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From the information you have provided, it appears that the statute of limitations has run out on this debt. You should consult with an attorney to ensure that your rights are protected in this matter.
Answered on Sep 27th, 2012 at 11:47 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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Theoretically... it IS possible. However, it is more likely to be a scam. Demand copies of the documents they rely on to prove the debt.
Answered on Sep 27th, 2012 at 11:43 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Seek counsel. The the debt appears to be too old to collect.
Answered on Sep 27th, 2012 at 11:22 PM

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They can only garnish if they have a judgment. You need to sit down with an attorney and discuss what defenses you can raise.
Answered on Sep 27th, 2012 at 11:20 PM

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Bankruptcy: Creditor Attorney serving Grand Island, NE at Milner Neuhaus & Judds
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Depending on your jurisdiction and whether you, in any way, reaffirmed the debt, it should be uncollectable. If they don't have a judgment they will not be able to garnish wages.
Answered on Sep 27th, 2012 at 11:19 PM

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