Collection agency


If you have already, it may be too late. There is a statute of limitations for all states. What state are you in?

The FDCPA makes it ILLEGAL for any collector to attempt to collect a debt outside of the statute of limitations. The debt is still valid and is still owed, however, if they have not taken legal action by means of obtaining a judgment against YOU, they have no recourse to collect.

Also, depending on the state you are in, even if they have obtained judgment, if you were not served papers by a processor, or a certified letter stating that you must show up in court, the judgment can be revoked. Being revoked the account would again most likely fall past the SOL and therefore be noncollectable.

I am in michigan. I got it from the Michigan Attorney General’s Consumer Protection Division that the statue of limitations is 6 years after the last payment. Debt collectors can’t do anything unless they sue you themselves. Any complaints about those who go beyond that six year limit should be complained about to the Federal Trade Commision. In michigan this can be done by two sources:

Click on “File complaint” at either site. The second one is just for those who live in the state and go to the state attorney general. And as always check with a professional to determine for sure if you are past the limitation date. Good luck.