What to do if 8 years after clearing off debt I am being told it was never cleared and that I owe money?

UPDATED: Dec 20, 2011

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What to do if 8 years after clearing off debt I am being told it was never cleared and that I owe money?

I cleared a small amount of debt and closed my clothing account. It is more than 8 years later and I have just been contacted by a lawyer to say that I still owe the money. I had received notification from the clothing company that the debt was cleared and the account was closed. Why am I being contacted 8 years later and what can I do? Unfortunately I no longer have the letter as proof the account was settled and closed.

Asked on December 20, 2011 under Bankruptcy Law, New York


Michael Duffy / Duffy Law, LLC

Answered 11 years ago | Contributor

Anyone attempting to collect debt must show proof of that debt. You should request that proof. They have to prove you owe it before you have to prove you paid it.

Also, there is a statute of limitations as to how long after the debt they can file suit. This would depend on the type of debt and what state you live in, but most are betwee 3-6 years (but some states have statutes of limitations on debt up to 15 years). If the SOL has tolled, it wouldn't matter what the status of the debt it, it is no longer judicially collectable.

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