Why Do Collectors Call Or Write About Old Debts?
Why Do Alabama Collectors Call Or Write About Old Debts?
Debt collectors are calling you about an old debt — sometimes called “zombie debt” or “ancient debt.”
The question is why would they do that?
Let’s look at the law and how collectors often violate the Fair Debt Collection Practices Act (FDCPA) when collecting old debt.
First, it is legal to collect on old debt — even debt that is outside the statute of limitations.
Second, a collector cannot threaten to sue you on a debt outside the statute of limitations and certainly cannot sue you on an expired debt.
Well, they can but then you can sue them — it is illegal for collectors to do this.
Third, collectors believe that if you make a single payment then you have restarted the statute of limitations, so now the collector can threaten to sue or actually sue you.
Now, collectors normally won’t tell you “Mr. Consumer, you have no obligation to pay on this old debt. But if you pay me even one dollar then I will sue you and claim you restarted the statute of limitations.”
It is fraudulent in my opinion to not tell you this.
However, what do you expect of abusive debt collectors who are willing to violate the law?
If you are beyond the statute of limitations, then you need to consider very carefully if you want to pay the debt and face the argument about restarting the statute of limitations.
My suggestion is talk to a consumer lawyer before making this decision so you will have as much insight as you can before you make a decision that could end up getting you sued by a debt collector.
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