Is there a statute of limitations on collectingold debts?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a statute of limitations on collectingold debts?
My husband has been receiving calls regarding an old phone bill (11 years old) and an old jewelry store bill (19 years old). They have told him they never received payment on these charges and that he needs to pay or show proof that he paid them already. We don’t have records that date back that far as we shred info after the 7 years that we are required to keep such documents. It is my understanding that they also don’t have to keep info for more than 7 years. So how can they say that he still owes and expect payment? What is our recourse on this?
Asked on July 23, 2011 Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In TX, a creditor can sue on these type debts for up to 4 years. This time period is known as the "statute of limitations" (SOL). So the time to sue over these claims is long past. However, did either of these creditors obtain a judgment? If they did, judgments in TX are good for up to 10 years (and they are renewable for another 10). Check your credit report, typically any judgments would be noted on it.
Bottom line, since the SOL has expired and if no judgements were granted (or at least obtained but not renewed), your husband is in a good position. The fact is that even if he didn't pay the money, his creditors have no legal remedy to collect. You may have to put up with some annoying calls but once he makes the creditors aware that he knows his rights under the law, they may well just give up and move on to "greener" pastures.
Note: If the calls continue and become harassing, you have rights under federal, and possibly state, law. You can contact your state's attorney general's office or department of consumer affairs for assistsnce.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.