Legal Question in Credit and Debt Law in Texas
Collecting Credit Card Debt After 10 years
Can a collection agency pick-up a credit card account that was charged off in 1992 (10 years later) and request a settlement?
The credit card account has not been on the credit report within the last year. If the consumer declines can this company place this credit card account on my credit report a second time?
1 Answer from Attorneys
Re: Collecting Credit Card Debt After 10 years
They can always request it. The debt never goes away, just that the statute of limitations prevents them from enforcing it. If they place the account on your credit report they've violated the Fair Credit Reporting Act.
Write back to them, certified mail return receipt requested, stating that the debt is too old (10 years) and they can't report it. Give them fair notice that a report would be improper. Then if they report it, get to a lawyer that handles similar matters; there are statutory penalties for those wrongful acts.