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How to Handle Time-Barred Debt

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How to deal with Time-barred debt
You can't be sued for time-barred debts, but you still owe it.
Written by Sean Pyles Senior Writer | Personal finances and debt Sean Pyles leads podcasting at NerdWallet as the producer and host of the NerdWallet's "Smart Money" podcast. On "Smart Money" Sean talks with Nerds across NerdWallet's NerdWallet Content team to answer listeners' personal finance questions. With a particular focus on sensible and actionable money advice, Sean provides real-world guidance to help people improve in their finances. Beyond answering listeners' money questions on "Smart Money" Sean also interviews guests who are not part of NerdWallet and also creates special segments that explore subjects such as the racial gap in wealth as well as how to get started investing and the history of student loans.
Before Sean was the host of podcasts at NerdWallet, he covered topics that dealt with consumer debt. His writing has been featured in USA Today, The New York Times and elsewhere. When he's not writing about personal finances, Sean can be found working in his garden, taking walks, or taking his dog on long walks. He is based at Ocean Shores, Washington.





Aug 5 2021


Editor: Kathy Hinson Lead Assigning Editor Personal finances, credit scoring managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years working at The Oregonian in Portland in roles including copy desk chief and team leader for design and editing. Her previous experience includes news and copy editing for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in journalism and mass communications at The University of Iowa.







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When a debt is older than the , it's called time-barred debt. This means that creditors don't have the legally valid right to pursue you over it, although they may attempt to sue you. They may also pursue you in different methods, including phone calls and negative credit reports.
Proceed carefully, because debt collection has many pitfalls. There's a chance that you did not pay this debt, or that the collector is requesting the wrong amount, or that you have already paid the debt and the collection was in error.
There are a variety of options to deal with this. Each one has advantages and disadvantages, and you might want to talk to an expert familiar with the consumer laws in your local area prior to taking any action.
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What can you do
If a debt collector contacts you about a time-barred obligation, you can:
Challenge it.
Pay it off -- But beware to beware " " (more about that below).
Discharge it through bankruptcy.
Don't bother with it.

A debt collector should notify you a within five days after first contacting you. This notice should include the amount owed, date of last payment, who the collector is and how to obtain information about the creditor who originally contacted you. If you don't get the notice in 10 days of when the debt collector first contacts you, ask for it.
Challenge it
If you're being requested to pay a time-barred loan which isn't yours, was already paid off, or is otherwise invalid, you can contact the creditor and inform them that you're contesting the obligation.
You have 30 days from the first contact by the collector of debt to contest the debt before it's deemed as defaulted. If you challenge the debt within the timeframe, debt collection efforts must be stopped until the problem is resolved.
You are still able to challenge the debt within the 30 day period, however the debt collector may contact you to request payments while your dispute is being investigated.
Be as specific as possible within your correspondence. Be clear about the reasons why the debt collection effort isn't valid, and include information on payment history or why the debt may not be yours or any other relevant details. It's best to send the letter by certified mail so you get confirmation of receipt.
You might want to seek legal advice while the case is being investigated, because the process of challenging a case can be complex.
If you feel that a debt collector is violating the law, you may also make a complaint to the the .
Take it out of your budget Beware of reviving zombie debt
Repaying the debt could save you from collections misery, but be sure that you are able to pay the whole amount, including any fees or penalties.
Although you may think paying at least a tiny amount can get the debtor out of your way, the reality is that it can make things much worse instead. Making even a single payment to a time-barred debt could be the lightning bolt that makes it come back to life and resets the statute of limitations.
"In the case of time-barred debt, failing to make payments can be extremely damaging," says Colin Hector an attorney on staff for the FTC. "In certain states, if you pay a single amount, even if you pay $5 or $1, you've reactivated the [wholedebt, and could be sued for the debt, plus the costs. Consumers must be aware of what the consequences are before they pay a amount."
If you're looking to pay for it, you have several choices:
You can pay in full using an amount in one lump.
Work with the creditor to create the payment plan.
Make a deal to settle the debt with an amount.

In full payment, you can take the debt out of your hands for good, but make sure that the agreement is in writing prior to signing it. Keep the proof to ensure that the payment was accurately recorded or the debt is transferred to a different collector.
It is also possible to convince the collector to take some portion of the amount you owe in settlement of the credit, but you must be aware. The debt may not be gone for good. If you don't sign an agreement specifically stating that the payment in part will cover the whole debt, the collector could sell the remainder of what you owe to a different company for collection -- which can then be able to pursue you. In addition, the debt could be marked as a partial one on your credit report, which will not look great to prospective lenders in the future.
No matter which method you choose, be cautious: Get the contract in writing prior to when you make any payments. Keep track of your transactions and communications in the event that the creditor doesn't stick to the agreement. Written correspondence is the easiest to be tracked; if you decide to speak on the phone, record the date, time, and the name of the person you spoke with.
The bankruptcy discharge process allows for discharge
If you'd like to relieve yourself of this obligation for good but can't afford to pay for it, you could make a claim for .
The unpaid debt is now in collections off your hands. But, the marks from the bankruptcy will replace it for the next several years. You are likely to once you file for bankruptcy, but.
Ignore it
If your debt is time-barred it is not possible to sue for the payment, but the debt will not disappear. You may ignore it, but debt collectors and your won't.
Most of the time, delinquent loans can stay on your credit reports for up to seven and a half years. You'll have a harder time opening new credit lines and may be subject to more expensive interest rates.
Additionally, debt collectors may continue to seek payment. If you ignore the debt for a long time you're at risk of the collection agency selling your debt again and then you'll need to go through the cycle over again with a new collector.
What to do if you're accused of being sued
In addition to trying to get payment creditors may also take legal action even if the due date is over the statute of limitations.
The most important thingto remember: Avoid ignoring an instance of litigation. Ignoring it likely would result in an automatic judgement in your favor, and that may mean . Pay attention to any notices you receive, act quickly and make sure you are aware of your rights as a consumer.
You may want to consult with an attorney about the best way to proceed, and gather any documents that prove that the debt has been time-barred. If the case goes in court, then you'll likely submit proof of the date of last payment and information about the charge. Just saying that the debt has been barred from being repaid in time should be enough to have the case dismissed.
It's against the Fair Debt Collection Practices Act to allow a debt collector to pursue you over a time-barred debt, so you can also file a complaint to the CFPB and the FTC and your state attorney general's office.
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The author's bio: Sean Pyles is the executive producer and host of NerdWallet's Smart Money podcast. His writing has appeared on The New York Times, USA Today and elsewhere.







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