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How to handle Time-barred Debt

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How to deal with Time-barred debt
You cannot be sued for time-barred debts, but you still owe it.
By Sean Pyles Senior Writer | Personal financial, financial debt Sean Pyles leads podcasting at NerdWallet as the producer and host of NerdWallet's "Smart Money" podcast. In "Smart Money," Sean talks with Nerds from NerdWallet's NerdWallet Content team to answer questions from listeners regarding their personal finances. With a focus on thoughtful and practical advice on money, Sean provides real-world guidance to help people improve in their finances. Beyond answering listeners' money concerns on "Smart Money" Sean also interviews guests outside of NerdWallet and produces special segments on topics like the racial wealth gap as well as how to get started investing and the history of student loans.
Before Sean lead podcasting at NerdWallet, he covered topics that dealt with consumer debt. His work has appeared in USA Today, The New York Times as well as other publications. When when he's not writing about personal finances, Sean can be found digging around the garden, taking walks, or walking his dog for long walks. Sean is located in Ocean Shores, Washington.





Aug 5 2021


Edited by Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years at The Oregonian in Portland in roles including copy desk chief and team leader for design and editing. Prior experience includes news and copy editing for many Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications at Iowa's University of Iowa.







The majority or all of the products we feature are provided by our partners, who pay us. This impacts the types of products we write about as well as the place and way the product appears on the page. But this doesn't affect our opinions. Our views are our own. Here's a list of and .



When a debt is older than the , it's called time-barred debt. That means creditors don't have the lawful right to bring a lawsuit against you for it, though may still attempt to sue. They also can continue to pursue you in other methods, including phone calls and negative credit reports.
Take care, as debt collection has many pitfalls. There's a good chance that you did not pay this debt, that the collector is asking for the wrong amount or you already paid and the collection is incorrect.
There are a variety of methods to address this. Each one has advantages as well as drawbacks. You might want to talk to a professional versed in the laws governing consumers in your local area prior to taking any action.
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What can you do
If a collector calls you regarding the time-barred debt If you are contacted by a collector, you have the option of:
Challenge it.
Pay it off -- But beware of " " (more about that below).
It can be discharged through bankruptcy.
Ignore it.

A debt collector must send you a written notice within five days after first contacting you. This notice should include the amount due, the date of the last payment, who the collector is , and the best way to request information on the original creditor. If you don't get this notice within 10 days from the time the debt collector first contacts you, you should ask for it.
Challenge it
If you're asked to pay a time-barred loan which isn't yours, was already paid off or otherwise inconvenient, you can send a letter to the creditor stating that you're contesting the debt.
You have 30 calendar days from initial contact with your debt collection agency to challenge the debt before it's deemed accepted by default. If you challenge the debt within this window the debt collection efforts have to be put off until the dispute is addressed.
You can still challenge the debt within the 30 day period, but the creditor will contact you to inquire about payment while your dispute is being looked into.
Be as specific as you can when writing your letters. Be clear about why the debt collection attempt isn't valid, and include details about the payment history, the reason why the debt could not be yours and any other pertinent details. It is recommended to mail the letter by certified mail so you get confirmation of receipt.
It is advisable to seek legal advice as the case is investigated, because the process for contesting a claim can be complex.
If you feel that a debt collector is violating laws, you can make a complaint to the the .
Make it payoff and beware of reviving zombie debt
Paying off the debt can help you get out of collection saga, but make sure you can afford to pay for the entire amount, including any penalties or fees.
While you might think that paying at least a tiny amount will get the creditor out of your way, the reality is that it may make things much worse instead. Making even one payment to a time-barred debt could be the spark that makes it come back from the dead and resets the statute of limitations.
"In the case of debt that is time-barred, failing to make payments can be extremely damaging," says Colin Hector an attorney on staff for the FTC. "In certain states, if you pay a single amount even if you only pay $1 or $5, you've reactivated the [wholedebt, and can be sued for the debt, plus the costs. Consumers should be aware of what the consequences are before they make a payment to a amount."
If you're looking to pay the bill, there are a few alternatives:
Pay in full with an amount in one lump.
Work with the creditor to create the payment plan.
Set up a settlement agreement to pay the debt by paying a portion.

In full payment, you can take the debt out of your hands for good, however, make sure that the agreement is in writing prior to signing it. Keep this proof to ensure that the payment was accurately recorded or the debt gets sold to another collector.
It is also possible to convince the collector to accept some portion of the amount you owe in settlement of the debt, but be careful. The debt might not be completely gone. If you don't sign an agreement that specifically states that the partial payment will be sufficient to cover the entire debt, the collector can sell the rest of what you owe to another company for collection that can come after you. And the debt will be categorized as a partial one on your credit report, that won't be appealing to potential lenders later on.
No matter what strategy you decide to take, you must be cautious: Get the agreement in writing before you pay the money. Keep track of your communications and payments in case the creditor doesn't stick to the deal. Written correspondence is the easiest to be recorded; however, if you opt to communicate by phone, record the date, time, as well as the phone number of the individual you spoke with.
Discharge through bankruptcy
If you want to rid yourself of this liability for good , but aren't able to pay it off you can file for .
This will take the debt that is not paid in collections off your plate. But, the marks from the bankruptcy will effectively replace it over the next few years. The likelihood is that it will be after you file, though.
Ignore it
When debt is time-barred it is not possible to sue for payment -- however, the debt won't go away. It's possible to ignore it, but debt collectors and you won't.
The majority of delinquent debts will remain on your credit reports for up to seven and a half years. It's more difficult getting new lines of credit and will face more expensive interest rates.
Additionally, debt collectors may continue to pursue payments. If you ignore the debt long enough you could risk the current collection agency selling your debt again and then you'll need to go through the process again , with a different collector.
What should you do if you're accused of being sued
Beyond trying to seek payment, creditors may take legal action even if the debt is past its statute of limitations.
The most important thing: Don't ignore such an action. If you ignore it, it could result in an automatic judgment in your favor, and that may be a serious matter . Pay attention to any notices you receive, take action promptly and exercise your rights as a consumer.
You may want to consult with an attorney about the best way to proceed. Gather any documents that prove that the debt is time-barred. If the case goes to court, you'll probably present proof of the date of your last payment along with information about the charge. Just saying that the debt has been time-barred should be enough to get the case dismissed.
It is in violation of the Fair Debt Collection Practices Act for a debt collector to seek to sue you for the time-barred debt. Therefore, you can also file a complaint with the CFPB as well as the FTC and the office of your state attorney general.
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About the author: Sean Pyles is the executive producer and host of NerdWallet's Smart Money podcast. His writing has been featured in The New York Times, USA Today and elsewhere.







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