What can a debt collector do on an 8 year old debt?

I have a collections agency trying to collect on a debt I failed to pay 8 years ago. It%26#039;s no longer on my credit report and I had long since forgotten about it. What can they do to me? If I pay, won%26#039;t it go back on my credit report?

What can a debt collector do on an 8 year old debt?
I was going to answer but bdancer2 has already done so. Follow her advise!!





They can not take legal action but do have a right to try and collect. If you know the debt is %26quot;time barred%26quot; then by all means send them a letter to inform them you know YOUR rights.





Here is a sample letter:





Today%26#039;s Date


Your Name


Your Address


Collector%26#039;s Name


Collector%26#039;s Address


RE: [insert account number or name of account or name of debt]:


Dear [insert collector%26#039;s name or company name],


This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].


I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the %26quot;statute of limitations%26quot; has expired.


This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.


Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.








(Sign above name)


Printed Name








Hope this helps


LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.
Reply:Derogatory items age off your credit report 7-1/2 years from the date of first deficiency. Nothing can restart that clock.





You should also check the Statute of Limitations (SOL), the timeframe to bring lawsuit, for your state. Check here: http://www.fair-debt-collection.com/SOL-... Even if the debt is beyond the SOL, the collector can still try to collect. They can hound you to the grave.





It is likely that an 8 year old debt is beyond the SOL. You can send the collector a certified, return receipt letter telling them to cease and desist all contact. They have to stop. Of course the will probably just sell the debt to another collector and you will have to send another cease and desist letter.





Some of the collection agencies that buy up antique debt don%26#039;t always play by the rules. Don%26#039;t talk to them on the phone. And if you should get a court summons, be sure to show up and use the SOL as an affirmative defense. If you no show, they get a default judgment.
Reply:It depends what state you live in. You need to find out what the statute of limitations is in your state. I suggest looking at this site:http://www.fair-debt-collection.com/SOL-... .





If the SOL has passed then you need to tell them to leave you alone or you%26#039;re going to get a lawyer because they no longer are allowed to collect on this debt. If it has not passed then you need to settle with them and get it in writing that they will not put it on your credit report. There are a lot of sites out there that can tell you more about this process. Just try some google searches.





PS This site is a little easier to understand: http://www.creditinfocenter.com/rebuild/...
Reply:if you have not paid any payments for last 4 years, don%26#039;t worry about it, they can not collect on debt,they mite threaten you,but tell them to stick it,WHAT ever you do,don%26#039;t make a payment to them as this will start your debt all over again.
Reply:You should check with your District or County Attorney office. They can give you free advice. It depends upon the laws of your state. It varies in most states.