What is the law regarding the collection of a 30 year old debt?
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What is the law regarding the collection of a 30 year old debt?
My son was going to a computer school and they closed because of there dishonest practices. The school has been after my son for thirty years for funds that aren’t due them. This debt is on his credit record and he was unable to qualify for a home loan.
Asked on June 26, 2018 under Bankruptcy Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Based on the timeline you provide, the debt is no longer collectible. If they never sued him previously, it is far, far too late to sue: the statute of limitations, or time period within which a lawsuit must be filed, is 6 years maximum in your state. (That is the statutory period for suing based on a written contract or agreement.)
If they had sued previously and won (including by default--i.e. your son failed to respond to the lawsuit), they would have received a judgment which they could try to enforce against him for five years after getting the judgment. While the judgment could be renewed for an additional five years each time it was expiring, there are strict rules for doing so, and if right paper was not filed at the right time, the judgment would have expired and become unenforceable.
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