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time-barred debts

Date: Wed, 06/08/2005 - 13:34

Submitted by anonymous
on Wed, 06/08/2005 - 13:34

Posts: 202330 Credits: [Donate]

Total Replies: 7

time-barred debts


Can you please define and reference exactly what a time-barred debt is?


Hi mike

Welcome to the forums.

Time barred debts are those old debts which have gone beyond the statue of limitations in a state. A person having these sorts of debts cannot be sued by a creditor or a collector for its recovery. The statute of Limitation varies in each state. However, in general it is between the period of 3 years to 10 years. There are some states which might have a longer period also.


Although the fdcpa does not restrict the debt collectors from the collection of time barred debts, you can straight away dismiss the suit by letting the judge know that the following debt is indeed "time barred"

A lot of consumers are unaware of the statute of limitations in a state and hence take the default judgment on time barred debts that may no longer be legally recoverable. The collectors take advantage of this judgment as they presume that the consumers cannot raise any legal claim and it becomes easier for them to attain collections.

If the debt collectors are constantly harassing you for the recovery of such debts whether you owe it or not, you can issue a notice to them in writing to stop contacting you. The collectors will stop of modes of communication with you after they receive your notice

Please let us know if we can assist you further with any of your other queries. We will appreciate your signing up in the forum as a registered member for regular updates on debt consolidation and related issues.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 06/08/2005 - 14:18

( Posts: 4009 | Credits: )


Hello Mike,
Welcome to the forums.

A time-barred debt is a debt that has already crossed the period, within which a creditor can lay any claims to it. This is the point when a creditor or debt collector cannot sue the debtor in attempts to realize that debt.

Every state has different laws as to this time-period. There is a statute of limitation over the claim of any debt by a creditor. You may look up the statute of limitation of the state where you currently reside.

Hope this information helps you.

This site also offers advices and suggestions regarding any debt related problems. If you want to avail these services, you can become a member by simply filling up the free registration signup form.

Do return if you have any further queries.

Regards,
Peter


lrhall41

Submitted by peter on Thu, 06/09/2005 - 02:41

( Posts: 285 | Credits: )


Hi roxette.
I have an 11yr.old debt. As of late last year, I've been getting harrassed by a collection agency. I was informed that there was a judgement put against me and that if I did not pay the bill my wages would be garnished due to this judgment. The judgement was removed from my credit report in 2006. However, in my past credit reports there were no judgments stated. What steps can I take to overthrow this judgment if it did not expire?


lrhall41

Submitted by anonymous on Mon, 03/10/2008 - 08:42

( Posts: 202330 | Credits: )


Hi roxette.
I have an 11yr.old debt. As of late last year, I've been getting harrassed by a collection agency. I was informed that there was a judgement put against me and that if I did not pay the bill my wages would be garnished due to this judgment. The judgement was removed from my credit report in 2006. However, in my past credit reports there were no judgments stated. What steps can I take to overthrow this judgment if it did not expire?


lrhall41

Submitted by anonymous on Mon, 03/10/2008 - 08:42

( Posts: 202330 | Credits: )


Thanks for all the info, 'Roxette'. I never new that. I DO have CA's calling about accounts that, I know for a fact are 'SUPER OLD.'LOL This info is really helpful to me. Is it a good idea to keep a 'record' of the CA that calls, about these 'time-barred' debts?


lrhall41

Submitted by sdchargers_63 on Mon, 03/10/2008 - 08:47

( Posts: 1798 | Credits: )


Quote:

Hi roxette.
I have an 11yr.old debt. As of late last year, I've been getting harrassed by a collection agency. I was informed that there was a judgement put against me and that if I did not pay the bill my wages would be garnished due to this judgment. The judgement was removed from my credit report in 2006. However, in my past credit reports there were no judgments stated. What steps can I take to overthrow this judgment if it did not expire?


When and where was the judgment obtained against you?


lrhall41

Submitted by Morningstar on Tue, 03/11/2008 - 06:52

( Posts: 1633 | Credits: )