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Question By
69Mickey

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what do i do if collection agency sends notice for bill that is no longer on my report
More than 7 years ago had recurring pay'ts automatically withdrawn. Cancelled acct/payments but bank took out again then charged me overdraft. NOT on my credit any more and I just got notice from collection agent offering me reduced payment. How can they try to get me to pay 1) their mistake and 2) something that happened years and years ago. Also, I have no trouble opening new accounts so this obviously is not in any system any more.

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Top Contributor
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Couple things here...

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A debt is discharged only when it's paid, forgiven or discharged in bankruptcy. So in theory, they can attempt to collect an unpaid debt 30 years from now, assumes its done with in guidelines of FDCPA and your State's law regarding collections. Your liability to a debt isn't hinged on if it's on your credit report or not, it dosent automatically release you from liability to that debt, when it's no longer on your report regardless the reason(s).

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To your question, you need to figure out what is the Statute Of Limitations in your State or where the debt occurred. That's the length of time you can be sued for that debt. If it's past the SOL? Then to pay it or not will be entirely upto you, as you are no longer "legally" liable to pay it. The worst they can do then is to put it on your report, but that can only be done with-in 7 1/2 years from the Date Of First Delinquency, after that? They are pretty much impotent in thier attempts. 

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In some States, it's required to state in the collection notice they send you, that because the age of the debt? They won't sue you or report it to credit bureaus. 

Reply by
69Mickey

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That's just it.  It wasn't delinquent.  I got in touch with them immediately about their mistake and they charged me overdraft fees three times any way.  They never did a thing about it.  Suddenly it is popping up.  It's been years.  I think 2006 but I don't have the papers on this from that far back.  I bet they count on that too!

Thank you.

Top Contributor
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Never wait 7 years  or even 7 days when you feel it was their fault.   You bring this to their attention immediately.   Even if it was a current date and you let the error ride, the courts would disallow the "their fault" based on your inactivity.

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