Once the statute of limitation passes on a debt, the creditor can no longer go after the debtor for the amount owed. However, there are some exceptions that apply. Some creditors will attempt to trap debtors under one of the exceptions, and subsequently, collect on the debt.
A statute of limitations is an amount of time that a person has to bring a lawsuit. For example, in most cases, you can’t bring a lawsuit for something that happened 10 years ago—the statute of limitations will have run out.
The statute of limitations for debt collections varies by state. This period of time may range anywhere from 3 years to 10 years.
Even after a debt has been time-barred, some aggressive debt collectors use zombie debt enforcement tactics to collect. Zombie debt enforcement is where a creditor hires a collections agency to look for you and to force you into paying. This debt collections method also covers debts that have been discharged by bankruptcies or debts that do not even belong to you.
Upon locating you, zombie debt collectors will try to trick you to reset the statute of limitations such that the collector can sue you. So long as you pay a small portion of the debt back after the statute of limitations has run, the statute of limitations will reset. These tactics to convince you to pay a small portion of your debt include:
You should never agree to revive your debt or pay any portion thereof. It is important that you consult a business lawyer experienced in debt collections laws. He will help you send a cease and desist letter to the creditor to prevent them from tricking and harassing you. Moreover, he can seek legal remedies if the creditor continues to harass you.
Last Modified: 07-16-2014 12:16 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.