Can a crediter still collect if I never received a bill or was informed about this debt for over 4 years?

UPDATED: Apr 26, 2012

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Can a crediter still collect if I never received a bill or was informed about this debt for over 4 years?

I found out about a debt last week but I ever received any correspondence, phone call or anything. They sent me to collections the very month the debt was incurred.

Asked on April 26, 2012 under Bankruptcy Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue that I see with respect to the debt that you are writing about that supposedly is four (4) plus years old where presumably you have not made a payment on it for over four (4) years is that the claim for repayment could be barred by your state's statute of limitations for common counts and/or breach of contract.

Most state's statute of limitations on such a claim and causes of action is four (4) years, California is one example. I suggest that you consult with an attorney that practices in the area of debt collection law to assist you in defending the claim using the statute of limitations as the main defense.

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 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.

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