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 an old debt as new so that it pops up on a credit report again. This tactic is illegal. Verbally abuse or harass consumers.

How long can old debt 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.

How long is zombie debt? ›

Zombie debt generally refers to debt that is more than three years old, which has either been forgotten about, already paid off, or belonged to someone else. It can also be the result of identity theft, a computer error, or a fraudulent attempt to collect on a debt that does not exist.

Should I 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. Certain actions can restart the clock and add additional time during which the creditor can sue as well.

Can debt collectors chase you after 8 years? ›

In most states, debt collectors can still attempt to collect debts after the statute of limitations expires. They can try to get you to pay the debt by sending you letters or calling you as long as they do not violate the law when doing so. They can't sue or threaten to sue you if the statute of limitations has passed.

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.

Can you collect 20 year old debt? ›

The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.

Can I ignore zombie debt? ›

As long as a debt you owe is within the statute of limitations, you can be sued in court for not paying. However, attorney David Aylor says a zombie debt can't hurt you if the statute of limitations window has closed.

How to deal with zombie debt collectors? ›

Tell the debt collector to stop contacting you

If a zombie-debt collector violates the FDCPA by harassing or threatening to sue you, file a complaint with the CFPB, report the violation to your state's attorney general office or sue the debt collector in state or federal court.

Should I pay zombie debt? ›

If collectors are trying to resurrect old debt that actually belongs to you (even if it's so old you don't legally have to pay), you should still pay it. After all, that's money you borrowed and said you'd pay back. So, if you can, pay off your debt.

Can I be chased for a 10 year old debt? ›

If you've already been given a court order for a debt

There's no time limit for the creditor to enforce the order. If the court order was made more than 6 years ago, the creditor has to get court permission before they can use bailiffs.

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.

Does unpaid debt ever go away? ›

While paying back the debts you owe is super important, sometimes circ*mstances make it difficult. But do debts ever really expire? The completely accurate answer is: No, they don't.

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.

What happens if you never pay collections? ›

If you don't pay a debt collector or collection agency, you'll likely face increasing efforts to collect the debt via phone calls, letters, or even social media contact. Not paying a debt in collections will also hurt your credit score. If you don't pay, the collection agency can sue you to try to collect the debt.

How long until a debt is no longer valid? ›

Some types of debt will “expire” after three to six years — meaning a debt collector can no longer sue you for them. However, there are some things you can do that restart the clock on old debt, making it live longer than it needs to.

Should I pay off a 3 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.

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