Is it possible for a collection agency to collect on a 15 year old debt?

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Is it possible for a collection agency to collect on a 15 year old debt?

The debt is from 1996 and the agency and sheriff cannot even tell me what it is for. I gave the sheriff a post-dated check so I could keep my car. However if I am no longer obligated to the debt, can I make a stop payment on the check?

Asked on July 17, 2011 under Bankruptcy Law, Nebraska

Answers:

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

Answered 12 years ago | Contributor

In NE, a creditor can sue on a debt for up to 4-5 years (depending on the type of debt involved). This time period is known as the "statute of limitations" (SOL). However if you made a partial payment (or in some states even agreed to make a partial payment) the SOL would be started all over again from the date of the partial payment. Additionally, if a creditor is successful in obtaining a judgment in court, that judgment is good for up to 20 years. So on the face of things you have no grounds on which to challenge any of this.

You however, may have defenses. For example, if you were not properly served (notified) of the proceedings against you. The fact is that all defendants must be given a chance to appear in court and present their case. So if this was a default judgment (one granted because you did not show up), you may be able to have the judgment set aside (thrown out). At this point you should gather up all relevant documentation and consult directly with an attorney in your area. Whatever you do, do not stop payment on the check until you do.


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