Sometimes you plan to buy or refinance a home and boo! Skeletons pop out of every closet and ghosts come out from under every bed! Huh? Your credit is perfect! ....cue scary music....EEEEEEEEEEE!!!
It's the Night of the Living Debt! So now you have all these lawyers crawling over you and collection agencies threatening to derail your mortgage. Sometimes they even take you to court! How does this happen?
It's often called Zombie debt. By the time you graduated from college, your creditors probably got tired of hounding you to repay all your pizza and beer tabs, and trying to recover the funds that went to Vegas....and stayed in Vegas... and they sold these unpaid receivables off to a collection agency. Those guys took a whack at it, and when they get tired of being told to pound sand they sold it again, and again, and again, until years and years later some outfit picked up your antique debt for pennies on the dollar. Except with a couple of decade's worth of interest, fees, and penalties added in.
Do you have to pay this? It depends. First, do not make contact with a collection company until you check your state's statute of limitations on debt collection. That's the amount of time that a creditor can force you to pay a debt. Once that time has passed, these collectors can try all they want but you don't have to give them a thing. It's important, though, that you don't inadvertently restart that clock by sending a partial payment, agreeing to any terms, or sending them any letters. Just don't communicate except with your lawyer.
They may still take you to court. That's okay. Lawyer J.P. Clubb, in an interview by the Southeast Missourian, says that you as a defendant must assert that the law bars the lawsuit in order to have a judge consider the statute of limitations as a defense, but when successful it can result in the collection company paying YOU a judgment!
"The saddest thing is that people are scared," Clubb said. "It is a bunch of attorneys in suits sitting in this little bitty courtroom. It is very nervous, especially if you are not an attorney. You are called in front of the judge, and all these people are looking at you and you just don't know what to do."
The best defense other than an expiration of the statute of limitations is to demand the collector's attorney produce supporting documentation for the debt, Clubb said. "They don't have any evidence. They dry up if anyone fights them."
So if some aggressive collector comes after you for a bill that's older than your college freshman daughter, don't just roll over. Check the statute of limitations in your state, get some legal help if you need to, keep those guys from sticking a judgment on your credit report and messing up your refinance.
6 Responses to "Old Debt? Don't let Your Past Haunt You"
Thank you for your kind words. As a loan officer who worked with first time buyers and others who needed extra help (for example foreign buyers), I picked up a lot of experience and now I have the chance to help people this way. Just feels good and keeps me involved.
Hi ! :)
I am Piter Kokoniz. oOnly want to tell, that I like your blog very much!
And want to ask you: what was the reasson for you to start this blog?
Sorry for my bad english:)
Thank you!
Piter Kokoniz, from Latvia
Thank you for your kind words. Much appreciated.
Hello!
Very Interesting post! Thank you for such interesting resource!
PS: Sorry for my bad english, I'v just started to learn this language ;)
See you!
Your, Raiul Baztepo
When speaking to the bill collectors, tell them you want proof of the original obligation. Ask them to fax you the original bill. Your state's statute of limitations can be found online. For example, California's is 4 years. Chances are good that they either can't prove you owe that old bill or it's too old for them to collect. Then tell them to pound sand.
So how to you know how old the debt is? And what the statute of limitations is? I can't afford a lawyer for an old pizza debt, that's silly.