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Collection Agency Going After Old Debt

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  • 03-30-2007, 10:43 AM
    geminiconnie
    Collection Agency Going After Old Debt
    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.
  • 03-30-2007, 11:56 AM
    seniorjudge
    Re: Collection Agency
    The statute of limitations is a defense you have to plead when and if they sue you.
  • 03-30-2007, 05:51 PM
    jk
    Re: Collection Agency
    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.
  • 04-06-2007, 09:00 PM
    CalLawstudent
    Re: Collection Agency Going After Old Debt
    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.
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