[geminiconnie]

Collection agency trying to receover debt from 1991 - 1993; Isn't there a statute of limitations of how long a debt can be attempted to be collected? If I don't respond to their choices to repay within 30-days can they take the money out of my checking account? What is the best way to handle this. Obviously I don't have the money to pay it and don't know if it is even valid.

[seniorjudge]

The statute of limitations is a defense you have to plead when and if they sue you.

[jk]

unless you have agreed to allow them to debit your account or there is a court judgment and subsequent order allowing them to seize money from your account, they cannot take money from your account.

Not that I condone trying to escape ones debts, it would seem that a statute of limitations may very well prevent the debtor from collecting via court action.

SoL's are state specific and you didn;t give yours so I have no way of looking it up.

[CalLawstudent]

No doubt the SOL has probably run on this "debt". A lot of very old debt must have been purchased recently, as I have seen on other forums. The dunning letters always have "three convenient ways" to pay at a discount. This is probably in hopes that 1) you don't know your rights and the law, and 2) you'll be frightened and make a payment -- which will restart the statute of limitaions. In most states I believe the SOL is 4 to 6 years, but in states such as Ohio, as long as 15 years.