Budgeting Managing Your Debt What You Should Know About Time-Barred Debts Debts With Expired Statute of Limitations By LaToya Irby LaToya Irby Facebook Twitter LaToya Irby is a credit expert who has been covering credit and debt management for The Balance for more than a dozen years. She's been quoted in USA Today, The Chicago Tribune, and the Associated Press, and her work has been cited in several books. learn about our editorial policies Updated on May 5, 2022 Reviewed by Thomas J. Catalano Reviewed by Thomas J. Catalano Thomas J Catalano is a CFP and Registered Investment Adviser with the state of South Carolina, where he launched his own financial advisory firm in 2018. Thomas' experience gives him expertise in a variety of areas including investments, retirement, insurance, and financial planning. learn about our financial review board Fact checked by David Rubin Fact checked by David Rubin Facebook Instagram Twitter David J. Rubin is a fact checker for The Balance with more than 30 years in editing and publishing. The majority of his experience lies within the legal and financial spaces. At legal publisher Matthew Bender & Co./LexisNexis, he was a manager of R&D, programmer analyst, and senior copy editor. learn about our editorial policies Share Tweet Pin Email In This Article View All In This Article What Are Time-Barred Debts? Lawsuits for Time-Barred Debt Collection Activity Is Still Allowed What You Can Do Is It Still a Debt? Photo: Jose Luis Pelaez Inc / DigitalVision / Getty Images Time-barred debts are debts that are too old for creditors and debt collectors to sue you for collection. A business will call these old debts accounts uncollectible. These are debts that they have very little chance of ever collecting. Often, the original lender will sell this debt to a debt collection agency. Learn more about time-barred debts. What Are Time-Barred Debts? Each state has a law that dictates how long a debt collector can sue you for debt collection. This timeframe is known as the statute of limitations, but can also be called a procedural rule or a statute of repose. The statute of limitations is between three and six years for most states but can be longer. Before you respond to an old debt, check the statute of limitations in your state. You can confirm the statute with your State Attorney General. Note Responding to an old debt or making payment arrangements can start the statute of limitations clock again. And keep in mind that even though the statute of limitations may have expired, this only means you can't be sued for a court judgment. It doesn't mean that the debt has been forgiven. Lawsuits for Time-Barred Debt The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from bringing a suit or even threatening to sue you for a time-barred debt. But that doesn't mean it won't happen. In February 2012, the Federal Trade Commission (FTC) sued one large debt collector, Asset Acceptance, for violating this part of the FDCPA. As part of the settlement, Asset Acceptance now has included a "will not sue" notice in collection notices for debts that are past the statute of limitations. If you happen to be sued for a time-barred debt, you can prove to the court that the statute of limitations has expired. Don't ignore a lawsuit summons under the assumption that it will take care of itself or that it doesn't matter because the statute of limitations has expired. You can also file a complaint against the company with the FTC and your State's Attorney General office. The creditor or collector could obtain a default judgment against you and an order to garnish your wages (automatically deduct payments from your paychecks) if you don't address the lawsuit. Note Consult with an attorney to determine the best course of action to take if you're sued for a debt, whether the debt is time-barred or not. Collection Activity Is Still Allowed Don't assume that because the debt is time-barred you don't still owe it or that your creditor can't still come after you for the debt. Creditors and debt collectors can still collect time-barred debts with calls and letters (within the bounds of the law, of course). Collectors can continue to contact you about payment. However, they must tell you that the debt is beyond the statute of limitations if you ask. Ask what the collector's records show as the date of the debt and the date of your last payment. The date of the last payment is when the clock starts ticking for the time limitation. The collector must provide this information. If they can't or won't give this to you, send a written letter—within 30 days—to let them know you want to verify the information and perhaps dispute the claim. Also, until they provide this verification, they must stop contacting you to pay the debt. Time-barred debts might even appear on your credit report if the credit reporting time limit hasn't expired. Most debts can appear on your credit report for seven years from the date it became delinquent. If the statute of limitations expires on debt before that seven-year timeframe is up, the account will remain on your credit report. What You Can Do There are a few ways to handle a debt collector who's attempting to collect a time-barred debt from you. First, request the debt collector provide you with written verification of the debt. This process is known as debt validation and should be done within 30 days of the collector's initial contact with you. After you send a written request for verification, collectors can't attempt to collect from you until they've provided proof that you owe the debt. Send a written letter to the debt collector asking them to stop contacting you. If you don't want a debt collector to call or send letters anymore, you must send a written letter stating the statute of limitations has expired, and you no longer wish to be contacted about the debt. The collector can contact you once more to let you know what it intends to do next, if anything, and after that, you should never hear from that collector again. Is It Still a Debt? Ignoring the debt doesn't make it go away, but you might choose this option if you don't want to bother with sending letters. Remember, the debt doesn't go away just because you ignore it. You can ignore the debt and it will remain on your credit history, and collectors may continue to try to collect the money due. You can also make a full or partial payment of what is owed. However, if you make a partial payment, it may restart the limitations time clock and open the door for the collector to take you to court on the debt. They can also add additional interest and fees to the total amount they are bringing against you in the suit. Keep in mind that as long as the debt exists, it can be sold and assigned to various collection agencies. You will have to repeat these steps each time a new debt collector starts collecting on your debt. If a debt collector violates your rights, you can file a complaint with the Federal Trade Commission and your State Attorney General. You may also be able to sue the debt collector for up to $1,000 plus damages. Was this page helpful? Thanks for your feedback! Tell us why! Other Submit Sources The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Consumer Financial Protection Bureau. "My Debt Is Several Years Old. Can Debt Collectors Still Collect?" Federal Trade Commission. "Under FTC Settlement, Debt Buyer Agrees to Pay $2.5 Million for Alleged Consumer Deception." Federal Trade Commission. "Time-Barred Debts." govinfo. "15 U.S.C. 1692g - Validation of Debts," Page 1433. Federal Trade Commission. "Debt Collection FAQs."