Q: How long can a debt be collectable?

A: Assuming there is a valid debt to begin, the applicable statute of limitations can limit how long a creditor has to collect that debt. The time period set by that statute of limitations depends on a few things, like whether the debt was base on an open account, a written contract, an oral contract, a court judgment, etc. These statutes of limitations vary state to state. Some states, for instance have 15 years statute of limitations for written contracts, whereas Virginia only has 5. This raises the question of what statute of limitations applies, questions that depend on state law, the facts of the case, and the terms of the contract. Also, a statute of limitations is a defense--so in other words, the debtor has to raise the issue once sued or the issue is waived and the debtor is still liable.

This creates a few more complications. If the debt collector is out of state, they might sue the debtor in that other state. This often makes it difficult for the debtor to defend himself or herself. There are limits to where the suit may be brought--if these issues are properly raised. If not, the debtor might again lose a case they shouldn't lose.

Also, there are several other ways to defend actions like these. If the proper documentation is not available, there are ways to get the case kicked out of court. However, many of these defenses might be waived in the contract, so it is important to know what the contract says.

Long story short, debt collectors often try to go after old debts even though they don't have a prayer of winning a lawsuit against the debtor, provided that the debtor defends himself or herself, which is often hard to do. There are a couple ways to get the debt collector to stop calling, but these may backfire if not handled properly. If one is serious about putting the issue to rest, consider hiring an attorney to help. If the matter is simple, one might find a small firm or sole practitioner that could do it for a reasonable price.