Zombie Debt (How long can a debt collector pursue an old debt?) (2024)

Zombie debt…did you know it’s an actual thing? Let’s discuss what zombie debt is, and how long can a collector pursue an old debt from you.

How long can a collector pursue an old debt?

Zombie Debt (How long can a debt collector pursue an old debt?) (1)

The fact that there is something called “zombie debt” should be an indicator that it might be much longer than you think.

And certainly longer than you think your debt should be allowed to live.

Let’s look at what zombie debt is, and what it means for you.

Article Content

What is Zombie Debt and Why is it a Problem?

Yes, you heard me right. There is something called “Zombie Debt”, and it’s got nothing to do with past-due bills owed by a pack of flesh-eating zombies.

'Zombie Debt' has got nothing to do w/ past-due bills owed by a pack of flesh-eating zombies. Click To Tweet

You see, debt has a built-in end date (just like bad people in horror movies…until they turn into zombies and come back for round two).

I’m not talking about moral responsibility-end date.

But after a certain time period, debt collectors and creditors can no longer sue you for past debt owed.

That’s because there’s a Statute of Limitations for debt, and when your debt reaches it depends on your state and the type of debt you owe.

Can a Collection Agency Collect on a Debt After 7 Years?

However, just because you can no longer being sued for that Victoria Secret’s-obsession racked up in your early 20s doesn’t mean collection agenciescan no longer repurchase this debt from other collection agencies and continue to pursue you for it (here’s how to deal with debt collectors).

As in, phone calls, letters, etc.

Pssst: and in some states, if you make even a partial payment on a debt that is 20-gazillion years old, it restarts the Statute of Limitations clock, which means you can now be taken to court over this debt again. So it’s in your best interest to learn about your own state’s procedures and rules.

The reason that collection agencies will do this is because the colder a debt trail becomes, the cheaper it is to purchase. And when you’re paying pennies on the dollars to purchase debt, you only need to collect a fraction of it in order to make it profitable for you.

It’s like your debt has risen from the place you thought it had died and is reaching its grisly hands out for you once more.

Psst: even if your debt is forgiven by the creditor, you may still owe money on it. To the IRS, that is. Check out why the IRS thinks that money you were forgiven is added income. Talk about haunting!

So how, exactly, are you supposed to handle this situation?

Beating Zombie Debt – How to Combat Zombies

…well, how to combat Zombie Debt, that is. Full Disclosure: I’m not a Zombie combat expert by any means.

Step #1: Ask them this Question

The first thing you should do is ask the debt collection agency whether or not your debt has reached its Statute of Limitations.

Why would you ask the wolf how to get to your grandmother’s house? Well, by law, if you ask the debt collector a question they have to answer it truthfully (whether or not they will answer it truthfully is another question altogether…and if they don’t? Well then you might be able to turn around and pursue them).

Step #2: Then Ask them this Question

The next question you need to ask the debt collector is when your last payment was made. This might come in handy when you need to figure out whether or not your debt is actually outside of the Statute of Limitations or not (turns out, Debt Collection Agents sometimes lie).

Step #3: Ask the Debt Collector to Validate the Debt

You’ll find all the information you need to have your debt validated in this article where I talk about the 7 Deadly Sins You’re Committing when Dealing with Debt Collectors. The reason you want to do this is you want to make sure the debt is yours for sure. Bonus is that doing this buys you a little bit of time to figure out your next step in this process.

Because let’s be honest, despite its name and the slow nature of actual Zombies, Zombie Debt can come at you fast and completely out of nowhere.

Just like a slow-moving pack of Zombies could come surround you in a secluded farmhouse on a particular night due to radioactive contamination from a space probe (just watch the movie, okay?), Zombie Debt can find its way into your life as well. And it’s best to educate yourself first, as you may do something unknowingly even in that first conversation that could cost you a lot of money + headache down the road.

Have you ever experienced Zombie Debt…and lived to tell the tale? Comment below with your experience.

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Amanda L Grossman

Personal Finance Writer and CEO at Frugal Confessions, LLC

Amanda L. Grossman is a writer and Certified Financial Education Instructor, Plutus Foundation Grant Recipient, and founder of Frugal Confessions. Over the last 13 years, her money work has helped people with how to save money and how to manage money. She's been featured in the Wall Street Journal, Kiplinger, Washington Post, U.S. News & World Report, Business Insider, LifeHacker, Real Simple Magazine, Woman's World, Woman's Day, ABC 13 Houston, Keybank, and more. Read more here or on LinkedIn.

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Zombie Debt (How long can a debt collector pursue an old debt?) (2024)

FAQs

Zombie Debt (How long can a debt collector pursue an old debt?)? ›

For most items, this limit is seven years. But some zombie debt collectors report an old debt as new so that it pops up on a credit report again. This tactic is illegal. Verbally abuse or harass consumers.

Can I be chased for a 20-year-old debt? ›

The amount of time that a debt collector can legally pursue old debt varies by state and type of debt but can range between three and 20 years. Each state has its own statute of limitations on debt, and after the statute of limitations has expired, a debt collector can no longer sue you in court for repayment.

Can a 10 year old debt still be collected? ›

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Can a debt collector restart the clock on my old debt? ›

Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.

What is the zombie debt statute of limitations? ›

This situation commonly involves various debts, such as outstanding credit card balances or unpaid medical bills. Under California's Code of Civil Procedure § 337, the statute of limitations for these debts is four years, starting from the date of the first missed payment.

How long before a debt is uncollectible? ›

4 years

What is the 11 word phrase to stop debt collectors? ›

Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

Do I have to pay a debt that is 10 years old? ›

Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment. If your CCJ is more than six years old, and the creditor wants to use enforcement action, they must first get permission of the court.

Should I pay a debt that is 7 years old? ›

Although the debt won't be factored into your credit score after seven years, there are still consequences. When you stop paying your debt, the creditor will start charging late fees and interest will continue to accumulate, increasing the balance you owe.

How to dispute zombie debt? ›

If you paid the debt, send a dispute letter to the creditor if the debt has been paid. The debt collector will need to send proof that the debt is yours to validate it, but likely they will leave you alone because they don't have proof.

Should I pay off a 5 year old collection? ›

Paying off collections could increase scores from the latest credit scoring models, but if your lender uses an older version, your score might not change. Regardless of whether it will raise your score quickly, paying off collection accounts is usually a good idea.

How do I get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

Can you ignore zombie debt? ›

If collectors are trying to resurrect old debt that actually belongs to you (even if it's so old you don't legally have to pay), you should still pay it. After all, that's money you borrowed and said you'd pay back.

Should I pay zombie debt? ›

Zombie debt collectors promise to back off if you pay a portion of the debt. Of course, once you make a payment and reset the statute of limitations, you can be sure the collector will come after you for the full amount.

What are three types of zombie debt? ›

What is Zombie Debt?
  • Debt that isn't your debt, i.e., identity theft.
  • Debt that is no longer on your credit report.
  • Discharged debt due to bankruptcy.
  • Debt past the statute of limitations.

Is debt forgiven after 20 years? ›

Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones. ED will continue to discharge loans as borrowers reach the required number of months for forgiveness.

Can a debt be collected after 22 years? ›

Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

How much debt is normal for a 20 year old? ›

Average debt by age
GenerationAverage total debt (2023)Average total debt (2022)
Gen Z (18-26)$29,820$25,851
Millenial (27-42)$125,047$115,784
Gen X (43-57)$157,556$154,658
Baby Boomer (58-77)$94,880$96,087
1 more row
6 days ago

How to get old debt written off? ›

Which debt solutions write off debts?
  1. Bankruptcy: Writes off unsecured debts if you cannot repay them. Any assets like a house or car may be sold.
  2. Debt relief order (DRO): Writes off debts if you have a relatively low level of debt. Must also have few assets.
  3. Individual voluntary arrangement (IVA): A formal agreement.

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