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COLLECTION OF DEBTS
Collections Action - A creditor or
third-party collection agency can
legally demand or request payment on
a debt, via letters and phone calls,
forever, as long as the debt remains
unpaid. A debtor can order a
third-party collector to cease
communication, as per the
Fair Debt
Collection Practices Act, which
should stop routine demands from
that source (see
Collection
Agency FAQ for details). In
practice, the older a debt is, the
less vigorous the collection efforts
will be, and the more likely the
creditor or collector will give up
easily. And, unless the debt is
secured by some type of property
(e.g. a car), they cannot actually
force a debtor to pay without a
lawsuit.
Lawsuits - When a consumer is
seriously delinquent (late) on a
debt for a significant amount, there
is the possibility of the creditor
filing a lawsuit. The time limit for
doing so is known as the statute of
limitations, which is set by
individual states. The relevant
statute is the one for the state in
which the debtor resided at the time
of the delinquency. The expiration
of the statute of limitations
covering a debt will not necessarily
prevent a lawsuit, but it will
provide an absolute defense, whereby
the debtor is simply required to
file a response with the court,
pointing out this fact, in order to
have the suit dismissed.
Federal Taxes - Ten years from the
date of the assessment for
delinquent amounts, unless a lien
has been filed. Tax liens on, for
example, real estate, remain until
the back taxes have been paid.
Student Loans - There is no statute
of limitations or other time limit
for lawsuits or other enforcement
action on defaulted federal student
loans.
CREDIT REPORTING
The time limits for various types of
information to appear on consumer
credit reports are set by the
federal
Fair Credit Reporting Act.
Making payments or partial payments
on bad debts does not effect the
running of the credit reporting time
limits, except in the case of tax
liens and federal student loans. All
other types of items should expire
on schedule, based on the original
dates, regardless of when or whether
they are paid. There was previously
a great deal of confusion over the
starting point, which could have
been interpreted as the date of the
last activity on the account. This
resulted in the possibility of
"re-setting the clock" on an old bad
debt by making a payment on it, or
by paper-shuffling on the part of
collection agencies. The issue was
clarified in the 1996 amendments to
the FCRA, which set a specific
starting date related to the
original delinquency date (see
FCRA
Section 605 (c) (1)).
Inquiries - Two years.
Late Payments - Seven years from the
month in which the late payment was
due. If there are multiple late
payments in one account item, then
they will each expire individually.
Charge-Offs - Seven years. The time
runs from the date of the
delinquency, plus 180 days. If a
payment was due on an account on
January 1, 2000, but the debtor
defaulted, and never caught up to
become current again, and the
account is eventually declared a
charge-off by the creditor, then the
seven year reporting time limit
starts running on July 1, 2000, with
the item scheduled to expire from
his/her credit reports on July 1,
2007. Here is an
article on
charge-offs.
Collection Accounts - Seven years.
The running of this time limit is
the same as with charge-offs. The
date of delinquency still refers to
the original delinquency with the
original creditor, regardless of
when the collection agency began
working the debt. This includes
debts that have been bought by a
collection agency. Collection
agencies cannot legitimately "reset
the clock."
Lawsuits And Judgments - Seven
years or until the governing statute
of limitations has expired,
whichever is longer.
Bankruptcy (Chapter 7) - Ten years
(from the date of entry of the order
for relief or the date of
adjudication).
Bankruptcy (Chapter 13) - Seven
years.
Paid Tax Liens - Seven years from
the date of payment.
Unpaid Tax Liens - Forever (unless
paid - see above).
Unpaid Federal Student Loans -
Forever (unless paid, after which
they can appear for seven years.)
The above time limits apply to
credit reports which would be
available to creditors for most
types of credit applications.
However, the credit bureaus are
legally permitted to disclose older
information in specific situations. |