Q: How far back can a collector collect a debt - if it's over 10 years old can they still go after me?
A:
Technically, they can collect at any time. But if it’s been more than 6 years, then you would have an affirmative defense against the creditor’s claim: statute of limitations. While creditors are not precluded from filing suits that might be defeated by an affirmative defense, most reputable creditors would not bring a suit for a debt that is more than 10 years delinquent.
But if you are in bankruptcy court, the United States Supreme Court recently ruled that predators (errr...creditors I mean) may still file a proof of claim for debt that is clearly barred by the statute of limitations. So in that event, you would want to make sure that your attorney files an objection to the proof of claim for any debt that is that old.
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