Be careful how you handle a debt that has passed the statue of limitations within your state law.
It seems any contact from you may reset that clock.
You still owe the debt but they aren't supposed to be able to sue.
Third party collection agencies bid pennies per dollar on old accounts like that in hopes of making a profit.

***This is not intended to be legal advice, these are simply things that worked for ME. Please consult your Attorney for legal advice***

Back when I still used credit I ran into the same problem, but I researched hard and found a few things to remedy the problem you're having:

1. Make sure you haven't paid on the debt at all, not even once, in the last however number of years your state sets the statute of limitations. What many people don't realize is that if you pay even once during that period you reset the debt period. Put simply, if your state says the period is 7 years, that means you will have to have not paid a single cent for 7 consecutive years.

If you're certain you clear the above criteria, make a formal dispute with all 3 major credit reporting bureaus (Experian, Equifax, TransUnion). Cite that the alleged debt (and specifically use the word "alleged) that the collection agency is attempting to collect on is beyond the statute of limitations and that the collection company is reporting this in violation of the debt collection period statute for your state. But before you do that, make sure that the original credit agreement you agreed to did not somehow either extend beyond your state's statute or have you accepting the credit terms of another state. If you're not certain or you no longer have the docs, ask for it in #3.

2. If you're certain the debt is past the statute of the limitations for the state where agreed, send a cease and desist notice to the collection agency citing that the alleged debt that they are attempting to collect on is past the statute of limitations in the state of (insert state name), and that any further collection actions submitted to you in any form will be considered harassment pursuant to The Fair Debt Collection Act, and that legal action will be taken; if you have a regular Attorney cite that you are being represented by them (cite their name), if not don't worry about it.

This fixed my issue pretty quickly.

3. Another thing you can do if you're uncertain of the debt's time period or if you know the period isn't up, is send a letter to the collection agency asking them to submit proof of the alleged debt to you by mail, specifically proving when the alleged debt was taken out by you, its terms, and the amount, PLUS an itemized statement explaining how they arrived at the current interest charges against you. This involves them having to dig up the actual credit documents; it usually takes some time and often times the company collecting on your debt (especially a debt that was sold) doesn't have those documents at all and can't get them from the original debt collector. Give them no more than 30 days to do it and tell them so in the letter. If they can't produce them, send the cease and desist letter. If they produce insufficient documentation with a number of things missing, send another letter telling them to send what's missing and give them no more than 10 days to do it. If they can't produce it, send them the cease and desist notice. I had to do this once and it worked as well.

4. Don't be afraid of the collection agency's threats. They can't do anything to you. HOWWEVER, be aware that some agencies are now filing criminal complaints with the courts against debtors. If you get a notice like this, SHOW UP FOR COURT because if you don't you CAN be arrested, not for the debt, but for failing to appear. It's rare but it does happen as some courts are stupid enough to enforce it. When you show up, if you no longer owe the debt, just tell the court that you no longer owe the debt based on the statute of limitations.

If you want to get nasty, file a counter complaint against the agency for violating the state statute and the Fair Debt Collection Act, and specify a collector or manager by name who has contacted you to collect the debt. Give them the risk of being arrested too, it's only fair.

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People may view this as dirty, but those people are naive. The common man/woman, whether they realize it or not, is in a constant battle with this corrupt corporate system that breaks the rules--even the rules they've set--to take more and more away from us daily. The system uses everything against us, we need to do the same against it. Win or lose, always make it inconvenient for them.

Advice ?

pay your bills, instead of letting them go until some statue of limitations.

Its dishonest to receive things without paying for them.

The one thing I depend on and live by...is my Credit. Without out it, I'm nothing.

@pdfone,

I heard that to, and the language is just confusing. I thought it's a 7 year limitation and many have told me that but said it's only in effect after you have been taken to court on the debt.

Some says like giff explained, and I will follow up on his approach.

My issues for now, are questions centered around the dates. I know my debt was made more than 10 years ago.

On my credit report, it's showing a year ago (2013). When I called that Collection Agency (now I'm regretting I did if what planterlife said is true)....they telling me it was 3 years ago.


Look at this though...

I have a membership with CreditKarma.com and they document when the debt came off my Credit Report and a month later the SAME Debt got re-reported again; causing my credit score to drop significantly from a high of 728.

I'm wondering if I can use that as proof when I do like giff said in his approach and let them see what this Collection Agency is doing by keeping reporting the SAME old debt over and over when my credit score gets boosted. Only to see it drop back down because of their dishonest business practices.

Is being unable to pay stupid, evil and dishonest?

No but being unable to pay...using the services anyway...and then b*tching about it when your credit gets messed up..is.

Most people--especially today--are unable to pay the exorbitant over-priced amounts hospitals charge.

Is being unable to pay stupid, evil and dishonest? or are the cold money-hungry corporate stiffs running the healthcare system evil and dishonest for overcharging? And it's well known that hospitals COULD charge a lot less than they do and still be wildly profitable.

Why is it that people are willing to attack the poor but not the system that keeps them poor?

Advice ?

pay your bills, instead of letting them go until some statue of limitations.

Its dishonest to receive things without paying for them.

You didn't pay your debt. Don't complain.

....I didn't sign form!

You don't sign a form when you eat your steak and shrimp...but you still have to pay for it when the bill comes...