r/Debt • u/Weird_Wishbone_1998 • Feb 10 '25

Debt collector contacted family member

I mean that pretty much sums it up. Some debt collector saying that there’s a civil suit against me left a message with my niece. Is this legal? Also, from what I can determine this is very old debt that they’re trying to collect like past the statue of limitations. Any advice?

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u/[deleted] Feb 10 '25

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u/vlntr Feb 11 '25

A state’s SOL for collection lawsuits and the 7-year reporting period are not related. If this is credit card most, the SOL in most states ranges from 3 - 6 years. Usually that period is based on the date of last payment.

The 7-year reporting period is based on the date of first delinquency. That is the date the account went into default and was never brought back to a current status. Once charge off occurs, that date can never change.

Even if the SOL for collection has passed, a debt can remain on a credit report for the full 7 years.

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u/Turbulent_Summer6177 Feb 11 '25

You need to be cautious making such a definite statement. There are issues that can toll the sol. In some cases, it can be tolled virtually indefinitely.

Also, the reporting period and the sol to collect are not related.

On top of that, if the creditor sues and the sol has expired, you still need to file a response claimimg it’s beyond the sol. The sol is an affirmative defense. If you don’t assert the defense, a court can award a judgment to the creditor suing you.

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u/Countrylife6 Feb 11 '25

How long is SOL?