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  1. #1
    Join Date
    Jun 2015
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    2

    Default Can a Debt Collector Demand Payment Even After the Statute of Limitations Has Run

    My question involves collection proceedings in the State of: Arizona

    Hello,
    I have recently been contacted by a debt collector for a debt that I thought was settled 11 years ago. The debt or collection has never posted on my Credit report, yet they are sending me letters with outrageous interest amounts ($3000 debt = $13,400 owed?)

    I wrote them a letter & clearly disputed the debt, I am just nervous given I had also just been notified of a default judgment against me, for another 11 year old debt. Ex Wife, shared my soc# with new beau & then commenced in opening cc's & renting a house in my name. I actually have a misspelled version of my name as a known alias on my credit report, as he forgot how to spell my last name @ the doctors office, i digress.

    My point is, it seems all of a sudden these old items are surfacing & I thought there was a statute on written agreement debt of 5-6 years.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Debt Collector Demand Payment Even After the Statute of Limitations Has Run

    Quote Quoting Bdubb
    View Post
    My question involves collection proceedings in the State of: Arizona
    My point is, it seems all of a sudden these old items are surfacing & I thought there was a statute on written agreement debt of 5-6 years.
    The statute of limitations (SOL) sets the period in which the creditor may sue you to a get a judgment on the debt. It matters exactly what kind of debt this was, but a debt that is 11+ years would be beyond the SOL for a written or oral debt in Arizona. Thus, it would appear likely that the SOL is gone if the creditor has not yet obtained judgment against you and thus you could raise the SOL as a defense if the creditor sued you now. The SOL does not stop the creditor from asking for payment nor stop the creditor from suing you; it is a defense to the claim if the creditor sues.

    If this was a consumer debt and if the person seeking to collect is not the original creditor but rather a debt collector within the meaning of the federal Fair Debt Collection Practices Act (FDCPA) then the debt collector may have violated that act by seeking to collect a time barred debt. As a I recall, the U.S. Court of Appeals for the Ninth Circuit, which covers Arizona, has held that such attempts by debt collectors may violate that Act. You may want to discuss this with a consumer rights attorney if the collector persists in trying to collect this debt.

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