Can a debt collector claim that I owe them payment if the debt isn’t on my credit report?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a debt collector claim that I owe them payment if the debt isn’t on my credit report?

Asked on September 13, 2012 under Bankruptcy Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The fact is that a creditor can choose to report a past due account or it can choose not to. Not all creditors utilize the services of credit reporting agencies. So just because a debt is not reflected on a person's credit report doesn't mean that the debt doesn't exist and is owed.

That having been said, typically after 7 years, outstanding debts, etc are removed from a person's credit report; this is required under federal law. However, there is something known as the "statute of limitations". This is the time period in which a creditor can sue on an outstanding debt. If they fail to sue within that time period, they are stopped from ever doing so in the future. So for example, if your state has a S/L of 5 years, you cannot be sued after that. However, if you have been sued and your creditor has obtained a jugement against you, then the judgement can be good for as long a 20 years (it depends on your specific state law). So, if your creditor obtained a judgment against you more that 7 years ago, while it will no longer appear on your credit report, you still legally owe on the debt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption