Legal Question in Credit and Debt Law in Texas
Collection of old depts
A collection company says they are going to serve me if I don't pay off and old dept. How manny years back can they still collect even though I know It was charged off from the original credit card company five years ago?
2 Answers from Attorneys
Re: Collection of old depts
First, the fact that the debt is charged off has no bearing on this question. "Charging Off" is an accounting mechanism of the creditor - it does not mean that they are taking the position that you do not owe the debt.
In Texas, the statute of limitations for filing suit on a debt is four years. If it has been over four years since you have made a payment, they probably cannot file suit against you. (Or, if they do, you have a valid defense based on the statute of limitations) Most collection agencies do not file suit so it may just be a threat to get you to pay.
The creditor may report the debt on your credit report for seven years from the date of last activity. So, it may stay on your credit report past the date when they can file suit to collect the debt.
Re: Collection of old depts
In Texas they can go back four years. They may file suit against you, but you have the defense of limitations. A 'charge-off' is simply a bookkeeping device, not the discharge of the debt.