I had a credit card when I just turned 18. I was not good with finances back then. The collections started in 2001. It went on my credit report in 2002 - As of today, 6/17/2011 I checked my credit report with all 3 bureaus - this debt is no longer showing on my credit report. Is it legal for them to still come after me for this debt or is there some type of statute of limitations? Can they place this back on my credit report?
It was a credit card with a $300 limit - that is now in collections for over $2000!!! What is my next step? I am in the process of cleaning up my debt, I don't want things to resurface.
Thanks
Answer
Based on the information you provided, the statute of limitations should have expired. A debt collector is permitted to attempt to collect an expired debt but would violated the Fair Debt Collection Practices Act if (1) it sued on the debt or (2) represented that failure to pay could result in a lawsuit. I regularly represent consumers with claims against debt collectors. I would be happy to review your situation. As most attorneys who practice in this area, I would review your situation without charge. Please contact me. My contact information is on www.PhilipStern.com.
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