Is there a statue of limitation for debt collection?

[diabeticman]

A friend of mine is being harrassed by this company Rubin and Yates. They claim she owes a debt and she knows that a) This debt was for a cable company --her parents used her social security number to get cable and she resolved this issue with the cable company years ago (or so she believed...she was able to get cable.)

b) she was told that even IF she did owe this debt the statue of limitation to collect on this debt is up and they can't legally garnish her wages... (she lives in PA like I do.)


Does anyone know about this type of statue exist or not and how often can these type of places collect on a supposed debt?
I only asked because she was contacted by another agency about this same debt about 3 years ago.

[PoliticAverse]

1. You may find this webpage helpful...

http://www.attorneygeneral.gov/consumers.aspx?id=244

[diabeticman]

3. Thanks

[dsc]

2. there is a statute of limitation on debt

but it will vary from jurisdiction to jurisdiction. Also if the debt was entered into when the person was a child, the debt is likely invalid.

[Shrike47]

4. Yes, there is an SOL. There is also a Unlawful Debt Collection Act she might want to Google.

How old was she when the debt was incurred? If she was less than 18, she was not capable of entering into a contract (except under unusual circumstances which probably don't exist here.

She can collect damages for violation of debt collection laws.

[Shrike47]

5. I should have said the Fair Debt Collection Practices Act.

[okaawhatever]

6. She has two problems. One is the debt collection agency, and the second is the credit bureau. Once

you look at the link already given to you, determine if the statute has passed. If it has, she has to still do a couple of things to protect this from hitting the credit bureaus. If it has passed, she needs to send a registered letter, return receipt required to the company stating that she does not owe the debt. (If it's for another reason she needs to state that reason). Companies like this are the scuzziest. If she can record the phone calls, should they call again, that will help too. Companies like this Rubin and Yates often put things on credit bureaus because they count on someone just paying the bill if they need to buy a house or car. Typically, you won't have time to go through the dispute process.
She should also contact the state agency that handles creditors and file a complaint. Sadly, just because you don't owe someone money doesn't mean they can't do a lot of harm. The debt has been sold to multiple companies, each paying pennies on the dollar. If someone else contacted her 3 yrs ago, she's probably dealing with the worst of the worst. If they collect even $20 for every $100 owed they make money. Have her check her credit in about thirty days and make sure this company hasn't put anything on her bureau. She can do that for free at www.annualcreditreport.com. Good luck.

[davidn3600]

7. It differs by state

Usually this is termed "zombie debt." It's debt that is no longer collectable, but the creditor sells it to collection companies very cheap and then they try to collect on it. Sometimes they will even file lawsuits in an attempt to get you to contact them and settle.

You will have to check the laws in your state and probably wise to ask an attorney. The number of years before the debt is non-collectable is different in every state. Sometimes if you make any payment on it, it resets the statue of limitations.

[newfie11]

9. Yes if you make any payment at all it resets

[elleng]

8. IF she's sure the debt was paid,

'she resolved this issue,' I'd suggest she tell them, in writing if she hears from them this way, or by phone if this is their method,' tell them to 'bug off,' in whatever manner suits her, and then she should IGNORE them.

[kudzu22]

10. These companies will buy old debt that is unenforceable for pennies on the dollar

because some people will pay just to get them to leave them alone. Follow that link above and learn your rights under the FDCPA.

[Th1onein]

11. Four years is that Statute of Limitations on domestic contracts in PA

If it's been that long since the last payment was made, they are barred from attempting to collect the debt. In fact, you can sue them for trying to.

However, if they are stupid enough to file suit on the debt, you HAVE to appear, so that you can provide the affirmative defense of the fact that the debt is out of statute.

I wouldn't worry about garnishing her wages. PA garnishment laws are too difficult to bother with for most debt collections.

I spent about ten years of my life as a debt collector, but I'm not an attorney. I know how these jerks work, though. I have a collection agency trying, right now, to collect on a debt that is fourteen years OUT of statute. It's amazing. I sing them the "F___ you" song when they call. Literally.