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Fair Debt Collection Practices Act
Every state limits how long a creditor has to sue over a debt. Once that time passes, the debt is "time-barred." It doesn't disappear, but a collector can't sue or threaten to sue you over it.
In many states, a partial payment or a written promise to pay can restart the statute of limitations, making an old debt suable again. Collectors sometimes ask for a small "good faith" payment for exactly this reason.
Some states have closed that door. Texas law, for example, says a payment on time-barred consumer debt doesn't revive the debt or extend the limitations period for a debt buyer. (Tex. Fin. Code § 392.307)
Before paying anything on an old debt, find out when the last payment was made and what your state's rule is.
The statute of limitations for lawsuits and the time a debt can stay on your credit report are different clocks. Under the Fair Credit Reporting Act, most collection accounts must come off 7 years after the original delinquency, even if the debt was sold. Selling the debt or making a payment doesn't reset that date. (15 U.S.C. § 1681c)
If an old collection is still on your report past that point, or shows a newer date than it should, dispute it. See FCRAViolations.com.
Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.
BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.
The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.
If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.
Is the debt also showing up wrong on your credit report? See FCRAViolations.com for your rights under the Fair Credit Reporting Act.