Zombie Debt (How long can a debt collector pursue an old debt?) (2024)

Zombie debt…did you know it’s an actual thing? Let’s discuss what zombie debt is, and how long can a collector pursue an old debt from you.

How long can a collector pursue an old debt?

Zombie Debt (How long can a debt collector pursue an old debt?) (1)

The fact that there is something called “zombie debt” should be an indicator that it might be much longer than you think.

And certainly longer than you think your debt should be allowed to live.

Let’s look at what zombie debt is, and what it means for you.

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What is Zombie Debt and Why is it a Problem?

Yes, you heard me right. There is something called “Zombie Debt”, and it’s got nothing to do with past-due bills owed by a pack of flesh-eating zombies.

'Zombie Debt' has got nothing to do w/ past-due bills owed by a pack of flesh-eating zombies. Click To Tweet

You see, debt has a built-in end date (just like bad people in horror movies…until they turn into zombies and come back for round two).

I’m not talking about moral responsibility-end date.

But after a certain time period, debt collectors and creditors can no longer sue you for past debt owed.

That’s because there’s a Statute of Limitations for debt, and when your debt reaches it depends on your state and the type of debt you owe.

Can a Collection Agency Collect on a Debt After 7 Years?

However, just because you can no longer being sued for that Victoria Secret’s-obsession racked up in your early 20s doesn’t mean collection agenciescan no longer repurchase this debt from other collection agencies and continue to pursue you for it (here’s how to deal with debt collectors).

As in, phone calls, letters, etc.

Pssst: and in some states, if you make even a partial payment on a debt that is 20-gazillion years old, it restarts the Statute of Limitations clock, which means you can now be taken to court over this debt again. So it’s in your best interest to learn about your own state’s procedures and rules.

The reason that collection agencies will do this is because the colder a debt trail becomes, the cheaper it is to purchase. And when you’re paying pennies on the dollars to purchase debt, you only need to collect a fraction of it in order to make it profitable for you.

It’s like your debt has risen from the place you thought it had died and is reaching its grisly hands out for you once more.

Psst: even if your debt is forgiven by the creditor, you may still owe money on it. To the IRS, that is. Check out why the IRS thinks that money you were forgiven is added income. Talk about haunting!

So how, exactly, are you supposed to handle this situation?

Beating Zombie Debt – How to Combat Zombies

…well, how to combat Zombie Debt, that is. Full Disclosure: I’m not a Zombie combat expert by any means.

Step #1: Ask them this Question

The first thing you should do is ask the debt collection agency whether or not your debt has reached its Statute of Limitations.

Why would you ask the wolf how to get to your grandmother’s house? Well, by law, if you ask the debt collector a question they have to answer it truthfully (whether or not they will answer it truthfully is another question altogether…and if they don’t? Well then you might be able to turn around and pursue them).

Step #2: Then Ask them this Question

The next question you need to ask the debt collector is when your last payment was made. This might come in handy when you need to figure out whether or not your debt is actually outside of the Statute of Limitations or not (turns out, Debt Collection Agents sometimes lie).

Step #3: Ask the Debt Collector to Validate the Debt

You’ll find all the information you need to have your debt validated in this article where I talk about the 7 Deadly Sins You’re Committing when Dealing with Debt Collectors. The reason you want to do this is you want to make sure the debt is yours for sure. Bonus is that doing this buys you a little bit of time to figure out your next step in this process.

Because let’s be honest, despite its name and the slow nature of actual Zombies, Zombie Debt can come at you fast and completely out of nowhere.

Just like a slow-moving pack of Zombies could come surround you in a secluded farmhouse on a particular night due to radioactive contamination from a space probe (just watch the movie, okay?), Zombie Debt can find its way into your life as well. And it’s best to educate yourself first, as you may do something unknowingly even in that first conversation that could cost you a lot of money + headache down the road.

Have you ever experienced Zombie Debt…and lived to tell the tale? Comment below with your experience.

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Amanda L Grossman

Personal Finance Writer and CEO at Frugal Confessions, LLC

Amanda L. Grossman is a writer and Certified Financial Education Instructor, Plutus Foundation Grant Recipient, and founder of Frugal Confessions. Over the last 13 years, her money work has helped people with how to save money and how to manage money. She's been featured in the Wall Street Journal, Kiplinger, Washington Post, U.S. News & World Report, Business Insider, LifeHacker, Real Simple Magazine, Woman's World, Woman's Day, ABC 13 Houston, Keybank, and more. Read more here or on LinkedIn.

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Zombie Debt (How long can a debt collector pursue an old debt?) (2024)

FAQs

Zombie Debt (How long can a debt collector pursue an old debt?)? ›

For most items, this limit is seven years. But some zombie debt collectors report old debt as new so that it pops up on a credit report again. This tactic is illegal. Verbally abuse or harass consumers.

Can a 10 year old debt still be collected? ›

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Can a debt from 20 years ago be collected? ›

Old (Time-Barred) Debts

In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

Can a debt collector restart the clock on my old debt? ›

Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.

How long before a debt becomes uncollectible? ›

4 years

Should I pay a debt that is 10 years old? ›

You aren't legally required to repay debt that has passed the statute of limitations in your state. However, you may need to appear in court to prove the debt has expired. Never give personal information or pay over the phone if a debt collector contacts you.

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

Do unpaid collections go away? ›

Collections agency debt

Instead, it'll typically remain there for the standard period of seven years starting from the date it was filed. Under certain conditions, however, the collections agency can remove the report from your credit profile early.

What happens if you never pay collections? ›

If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.

Should I pay a debt collector after 7 years? ›

In most states, a credit card company can't sue you for debt that still has not been paid after seven years. However, the statute of limitations varies from state to state. Certain actions can restart the clock and add additional time during which the creditor can sue as well.

Should I pay off a 5 year old collection? ›

Paying off collections could increase scores from the latest credit scoring models, but if your lender uses an older version, your score might not change. Regardless of whether it will raise your score quickly, paying off collection accounts is usually a good idea.

What debt Cannot be erased? ›

Perhaps the most common debts that cannot be discharged under any circ*mstances are child support, back taxes, and alimony. Here are some of the most common categories of non-dischargeable debt: Debts that you left off your bankruptcy petition, unless the creditor had knowledge of your filing.

Why should you never pay a charge off? ›

A charge-off can lower your credit score by 50 to 150 points and can also look very bad on your credit report. It signals to potential lenders that you could skip out on your debt obligations for extended periods of time.

What happens after 7 years of not paying debt? ›

The debt will likely fall off of your credit report after seven years. In some states, the statute of limitations could last longer, so make a note of the start date as soon as you can.

How to get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What happens to your debt after 10 years of not paying it? ›

No. A delinquent debt stays on your credit report for seven years, regardless of whether the statute of limitations has expired. That delinquent debt loses impact over time, but it does remain there for seven years.

What happens after 10 years of not paying debt? ›

While a debt collector can't sue you for a debt that is older than your state's statute of limitations, they can still attempt to collect the debt. This means they can continue to call and send letters to get you to pay up.

Can a credit card company sue you after 10 years? ›

Virtually all credit card agreements are written contracts. So, you and the credit card company put the terms of the agreement in writing. Often, you agree to the contract terms listed on the credit card application when you sign it. In California, the statute of limitations for a written contract is four years.

Do you have to pay a debt that is 7 years old? ›

In most states, a credit card company can't sue you for debt that still has not been paid after seven years. However, the statute of limitations varies from state to state.

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