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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Is a Debt Past the Statute of Limitations Still Legally Collectable

    I received a voice mail to call back a collection agency.

    My old debts don't show up in my credit reports anymore. It's over seven years since the last activity on the cards. I live in California. And I believe the debt is part the statute of limitation.

    1) Do I contact the collection agency and get the basic info --- creditor, account/name/amount and then write them a certified letter and say:

    This debt is past the statue of limitations and no longer legally collectable.
    Please stop all forms of communication to me.

    2) Will my communication/letter put back an entry (novation) on my credit report?


    Thanks in advance.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: if a debt is past the statue of limitations, is it not legally collectable anymo

    Quote Quoting xyzsf123
    View Post
    I received a voice mail to call back a collection agency.

    My old debts don't show up in my credit reports anymore. It's over seven years since the last activity on the cards. I live in California. And I believe the debt is part the statute of limitation.

    1) Do I contact the collection agency and get the basic info --- creditor, account/name/amount and then write them a certified letter and say:

    This debt is past the statue of limitations and no longer legally collectable.
    Please stop all forms of communication to me.

    2) Will my communication/letter put back an entry (novation) on my credit report?


    Thanks in advance.
    Yes, send the coll. agcy. a cease & desist letter requesting they no longer contact you re the debt except to let you know any add'l. action they plan on taking to collect on the debt. (ie such as sue) You can also ask them to validate the debt. The SOL has expired is a defense you would use in court if you were sued for the debt. They sometimes still sue if the SOL has elapsed & you would use that as your defense.

    No, sending them a letter to quit contacting you & to validate the debt would not put the debt back on your credit report. Some creditors try to but it is called re-aging & is illegal.

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