Is there a time limit on unsecured debt??

Question Details: I filed for Bankruptcy in 1999 and again in 2007. There is still some outlying unsecured debt that was not taken care of due to being kicked out of the program. I received a call yesterday from a collection agency on behalf of GE Money. I apparently opened an "account" in 1989. They could not tell me who or what the account was. I have a $6000 balance. Isnt there a time frame where they cannot come after me for this money. The account if 10 years old and frankly I do not have the financial means to make it go away.

Asked 9/30/2009 under Bankruptcy | 306 View(s) | More Legal Topics

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Bankruptcy Law Answers

The recession has caused a very noticeable increase in some borderline collection practices, and chasing people for relatively ancient debts like this is one of them.  It isn't illegal, if you actually did have that account and didn't pay it.  At the same time, I wouldn't even consider paying something just on a phone call, if you don't remember the account, I'd ask for some written evidence of the debt.

However, this one is pretty far out of the ballpark.  The statute of limitations, for contract actions in New Jersey, is six (6) years, and it runs from whenever the account went into default and stayed that way -- so unless you made a payment in the last 6 years, there's no way they can sue you.  I've heard of collection people lying about that, saying it's longer.

Don't let threats of having this affect your credit frighten you, either.  Under the credit reporting laws, there's effectively an 8-year limit from default, after which a bad debt can't be reported any longer.

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