Legal Question in Credit and Debt Law in Nevada
How long to file a judgement?
Can a collection angency file a judegement against me on a debt that is more than 10 years old from a company who is now bankrupt?
1 Answer from Attorneys
Re: How long to file a judgement?
The short answer is that a 10 year old debt is outside the statute of limitations and attempting to collect is a violation of the Fair Debt Collection Practice Act.
If you made payments less than four years ago, then they are still within the statute of limitations. The period runs from the date of the last default. Every time you make a payment, it starts the period over again on an installment payment contract.
If you have not made any payments within the last four years, you need to see an attorney for a consultation. You would need to bring in ALL paperwork associated with the debt and the collection efforts.
I emphasize ALL because clients regularly come in for a consultation and fail to bring in all of the paperwork. I am amazed how often I will ask to see a specific document and am told "I left that home." "I didn't think it was important." I don't know how to get people to understand to bring in ALL paperwork whether they understand its significance or not.
There is a one year statute of limitations on violations of the Fair Debt Collection Practice Act so you need to move quickly or else you lose your rights.