Legal Question in Credit and Debt Law in Tennessee

Re: 12 Year Old Debt - Admittance by Phone?

I have handled dozens of credit card debt questions, but no one has ever asked if admitting a debt can revive a debt extinguished by the statute of limitations. I don't know the answer to the question you posed, but it may not be relevant given the facts in this case.

First, no person should ever make admissions against his interest. Those admissions can always come back to haunt you in a court of law. Therefore, whether it revives a case otherwise in repose or not, your instincts are correct that you should not admit anything.

Second, you said he verified your SSN's last four digits, but you did not say "Yes, I owe a debt on that account." Instead, you said the debt was 12 years old and you would not pay it.

One thing you should know is that although a debt that has been extinguished by statute is not enforceable, it is still not illegal to try to get payment on it through moral suasion.

If the debt collector calls you again, please tell him this exact statement: "I have been advised by counsel that Tennessee has a six-year statute of limitations on breach of contracts, which would include a contract to pay a credit card bill. The debt you mentioned is over 12 years old and cannot be enforced. If you know of any other statute that revives this debt, please share the Tennessee Code Annotated or United States Code citation with me, and I will get back to you after I investigate it. Otherwise, I assume I will not hear from you any further, because the U. S. Fair Debt Collection Practices Act prevents assignees from attempting to revive debts that are now in repose."

If he cites a statute to revive the debt, please let me know, because I will want to teach a Continuing Legal Education course on that subject. My guess is most attorneys would say there is no way to revive an old debt long past due under the statute of limitations.

Michael A. S. Guth

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