Should you pay a debt over 7 years old?
What happens after 7 years of not paying debt? Although the debt won't be factored into your credit score after seven years, there are still consequences. When you stop paying your debt, the creditor will start charging late fees and interest will continue to accumulate, increasing the balance you owe.
According to most credit scoring models, paying off a collection account doesn't stop it from having an effect on your credit. You'll usually have to wait until they reach the end of their seven-year reporting window. The good news is that the older the information is, the less impact it should have on your credit.
The 7-year rule means that each negative remark remains on your report for 7 years (possibly more depending on the remark). However, after that period has ended, a remark will most probably fall off of your report.
Take a deep breath and understand that accounts in collection won't plague your credit reports forever. They'll generally fall off your reports after seven years, and you may even have options for getting them removed before then.
Paying off old debts before they reach the statute of limitations or credit reporting deadline can positively influence your payment history, a significant factor in your FICO score. This move can boost your credit score and contribute to a healthier credit profile.
In most states, a credit card company can't sue you for debt that still has not been paid after seven years. However, the statute of limitations varies from state to state. Certain actions can restart the clock and add additional time during which the creditor can sue as well.
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
The debt will likely fall off of your credit report after seven years. In some states, the statute of limitations could last longer, so make a note of the start date as soon as you can.
Accurate items in your record can't be removed before the term set by law expires, which is seven years for most negative items. For example, if you missed payments on your credit card, your dispute to remove that information will be denied.
In theory, debts should be automatically removed from your credit report once they reach their legal expiration (seven or 10 years). If you see debts on your credit report that are older than that, you'll want to contact both the creditor and the credit bureau by mail requesting a return receipt.
What is the 609 loophole?
Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.
In the United States, according to the Fair Credit Reporting Act (FCRA), a collection account can remain on your credit report for up to 7 years from the date of the first delinquency. That's the date when you first missed a payment and didn't catch up on it.
The Legal Side: Statutes of Limitations
This time period ranges from 3-6 years usually. According to the CFPB, once the statute of limitations expires, a collector legally can't sue you for the debt. That doesn't mean you don't technically still owe the money though. The debt doesn't just vanish or become invalid.
Summary: Ultimately, it's better to pay off a debt in full than settle. This will look better on your credit report and help you avoid a lawsuit. If you can't afford to pay off your debt fully, debt settlement is still a good option.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.
You'll get notices and possibly calls from the creditor seeking payment. At some point, usually after 120 to 180 days of nonpayment, the creditor — such as a credit card company, bank or medical provider — gives up on trying to collect.
You will probably be sued
If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will be able to get a default judgment against you.
If you notify the debt collector in writing that you dispute the debt within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
How do I get my debt written off?
- Bankruptcy: Writes off unsecured debts if you cannot repay them. Any assets like a house or car may be sold.
- Debt relief order (DRO): Writes off debts if you have a relatively low level of debt. Must also have few assets.
- Individual voluntary arrangement (IVA): A formal agreement.
The debt is still very much yours, and yes, you're still responsible for paying it. What happens is that the original creditor sells your debt to a collector for a fraction of the total amount owed. Now, it's the collector's job to try and recoup as much of that debt as possible from you.
In general, you will not inherit any individual debt incurred by your parents or other family members. Deep sigh of relief. At the time of their passing, your parent's estate will be used to pay off or settle any outstanding debts.
A charge-off can lower your credit score by 50 to 150 points and can also look very bad on your credit report. It signals to potential lenders that you could skip out on your debt obligations for extended periods of time.
A 609 letter is a credit repair method that requests credit bureaus to remove erroneous negative entries from your credit report. It's named after section 609 of the Fair Credit Reporting Act (FCRA), a federal law that protects consumers from unfair credit and collection practices.
