Can a crediter still collect if I never received a bill or was informed about this debt for over 4 years?

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Can a crediter still collect if I never received a bill or was informed about this debt for over 4 years?

I found out about a debt last week but I ever received any correspondence, phone call or anything. They sent me to collections the very month the debt was incurred.

Asked on April 26, 2012 under Bankruptcy Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue that I see with respect to the debt that you are writing about that supposedly is four (4) plus years old where presumably you have not made a payment on it for over four (4) years is that the claim for repayment could be barred by your state's statute of limitations for common counts and/or breach of contract.

Most state's statute of limitations on such a claim and causes of action is four (4) years, California is one example. I suggest that you consult with an attorney that practices in the area of debt collection law to assist you in defending the claim using the statute of limitations as the main defense.


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