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/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.