Legal Question in Credit and Debt Law in Hawaii
Collecting accounts past statue
What are the federal statues when a collector is calling on accounts that is past the 6 year statue? Could the collector call the debtor on accounts that are past the statue by letter, phone call or other means of contacting? Could the collector legally suggest to the debtor a settlement payment even if the debtor refuses to pay?
What is the federal statue for collection agencies calling debtors on Sundays and Holidays. The privacy act is not clear on this point.
Please notify me of this because there are collectors pushing this issue and there are some collection agencies permitting this type of action.
1 Answer from Attorneys
Re: Collecting accounts past statue
By "statute" I assume you mean the statute of limitations.
It is important to remember that a statute of limitations does not cancel a debt - it provides a defense if the creditor sues on the debt. For example, if you are sued on a stale debt, but do not refer to the statute of limitations in a timely defense, the creditor can get a judgment against you.
There are different limitation periods for different kinds of claims, in different states. You should check with a local lawyer.
The different states also have different kinds of laws to protect debtors from over-reaching creditors. There are also federal statutes. You should speak to a local lawyer to find out just what your rights are, and how to enforce them.
If you cannot afford a lawyer, go to Legal Aid. Most bar associations also have panels of lawyers willing to work for reduced fees.
Good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
