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In Pennsylvania, New Jersey, and many other states, debt collectors can lawfully attempt to collect a debt no matter how old the debt is. However, federal law prohibits debt collectors from making any false, deceptive, or misleading statements in connection with the collection of any debt. This means that they cannot threaten to sue you when the debt is too old and beyond the legal time period allowable to file a lawsuit.<\/p>\n
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For example<\/em>, in Pennsylvania the statute of limitations on a debt is four years from the date of default or the date of last payment. But sometimes debt collectors make misleading statements in their collection letters which suggest or imply that they have the right to sue or offer to \u201csettle\u201d the debt. This type of misleading statement violates the Fair Debt Collection Practices Act<\/span><\/a>. When a collector violates the law, the consumer may pursue a lawsuit against the collector, and the collector will be responsible for the consumer\u2019s legal fees.<\/p>\n Debts are often reported to the credit bureaus, and then listed on credit reports. These debts must be accurately listed in all respects.\u00a0 You can dispute any errors that appear on your credit report with respect to a debt, such as an inflated balance or an incomplete payment history.<\/p>\n How to dispute errors with the credit bureaus Also, when disputing, make sure to explain in detail the error pertaining to the debt.\u00a0 Gather all supporting documents that illustrate the error and provide it to the credit bureau along with your written dispute.\u00a0 The credit bureau then has 30 days to either fix the inaccuracy or delete the portion of the credit report that you disputed.<\/p>\n What does Charged-Off Debt mean? Pictured:\u00a0 Cary Flitter (center), Andy Milz (left), Jody Lopez-Jacobs (right)<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Are you getting calls or collection letters about an old debt from years ago? Perhaps you forgot about it, or you simply did not have the money to pay for it at the time.\u00a0 But now, debt collectors are calling and sending you letters, demanding that you pay up.\u00a0 You may be asking yourself: What … <\/p>\nAttempts to Collect Old Debt<\/u><\/strong><\/h3>\n
\n<\/u><\/strong>Even though a debt collector can still make attempts to collect on old debts for which you cannot be sued, you should think twice before volunteering a payment. First, the amount might not be accurate, meaning that you end up paying more than what was required. Additionally, if you make a payment on an old debt, you run the risk of reviving the statute of limitations on the debt, making it possible for the creditor to sue you for the debt when it previously had no lawful basis to do so.<\/p>\nYou\u2019ve been sued?\u00a0 Do not ignore the lawsuit.<\/u><\/strong><\/h3>\n
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\n<\/u><\/strong>Sometimes, the first time someone learns about a debt is through a lawsuit filed against them.\u00a0 If you have been sued on a debt, it is very important that you obtain legal counsel.\u00a0 Do not<\/strong> ignore the summons. Instead, you should seek out legal counsel.<\/p>\nAre debts listed incorrectly on your credit reports?<\/u><\/strong><\/h3>\n
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\n<\/u><\/strong>When you submit a dispute to the credit bureaus<\/span><\/a>, we recommend that you send the dispute by U.S. Mail, Certified Return Receipt, so that you have a good paper trail of your dispute.\u00a0 For this reason, we recommend that you do not <\/strong>call the credit bureaus to dispute.\u00a0 Also, do not<\/strong> submit disputes online. In an online dispute, you run the risk of losing important consumer rights buried in the fine print of the terms and conditions.<\/p>\n
\n<\/u><\/strong>There are limits on how long a debt may appear on your credit report.\u00a0 Debts that have been \u201ccharged off<\/a><\/span>\u201d must be removed from your credit report 7 years and 180 days after the date of the charge off.\u00a0 If such an old debt appears on your credit report, you can dispute this with the credit bureaus to have it removed.<\/p>\nGet Help from a Qualified Consumer Protection Law Firm<\/u><\/strong><\/h3>\n
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Flitter Milz is a nationally recognized consumer protection law firm experienced in representing consumers who have suffered from abusive debt collection practices and credit reporting errors.\u00a0 Contact Us<\/strong><\/a> for a free consultation and find out how we can help.<\/p>\n