Legal Question in Credit and Debt Law in Pennsylvania

In 2007 a former employer said i received an overpayment. i disagreed and never heard from them until two weeks ago when a debt collector said I owed them. It's been almost 7 years with no contact. What are my rights?


Asked on 3/31/14, 4:55 pm

1 Answer from Attorneys

I would think that the statute of limitations has run out. Are you sure this is for the same debt? Is this on your credit report?

Even if its your debt, there is no law which says a debt collector cannot try to collect on it regardless of whether the statute of limitations has expired. The statute of limitations is only a defense that is raised in an answer to a complaint. It does not mean that you do not owe the debt. The debt can be reported on your credit report for 7 years from the time when the debt was charged off or first sent for collection, so if the debt is on your report it should soon be dropping off and if its not on there it cannot legally be added (however, some creditors will try to "refresh" the date of the debt to avoid the 7 years. If that happens to you, its up to you to monitor your credit report and dispute this.

I don't know how you were contacted by the debt collector. Regardless, I would send a dispute/cease & desist letter disputing any liability for the debt (I call these "drop dead" letters because you are, in essence, telling the debt collector to drop dead because you are not paying; if you Google "sample drop dead letter" there are plenty of free samples out there.). You indicate that the debt is no longer legally collectible and that the debt collector is not to bother you about this any more other than as allowed by the FDCPA (they can only communicate with you one more time to tell you what they are going to do with the debt).]

I would send the letter via certified mail return receipt requested and keep a copy for your records in case you need it.

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Answered on 4/01/14, 10:49 am


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