Legal Question in Credit and Debt Law in Illinois

Re: 15 year old credit card debt

I would like to point out that collecting a time barred debt alone is not sufficient to state a cause of action under the FDCPA. However threatening furhter collection action, lawsuits etc will violate the law. The Eighth Circuit Court of Appeals have found that absent a threat of litigation or other remedy that the debt collector could not legally pursue, there was no FDCPA violation in attempting to collect the debt on a time-barred debt.

Now all that being said you should send the collection agency a cease and desist letter informing them that the account is past the statute of limitations and that you are not going to pay. If they proceed with a law suit or threaten to file a law suit then you have a potential claim against them under the FDCPA

Re: 15 year old credit card debt

Even if the debt were valid fifteen years ago, if you have not paid on it during the last fifteen years (or anytime in the last six years) then the debt is no longer legally enforceable. Tell the collection agency, in writing, that you do not owe the money and demand that they stop contacting you. Send this by certified mail, return receipt so you and your lawyer will have proof that you sent it, in case you go to court to enforce your fair debt collection remedies. Good luck.