Answer: An unpaid collection account can be sold and re-purchased over and over again by junk debt buyers. Often, a junk debt buyer will purchase a collection account, attempt collection for a few months, then re-sale the account to a new junk debt buyer. This can occur repeatedly until the debt is paid.
Debts Are Often Sold Multiple Times
After all, collecting debt is not their primary role. The creditor may be a credit card company, whose purpose is to lend money and collect it, but it could also be a medical clinic, cable or cell phone provider, or your town's tax department.
Selling or transferring debt from one creditor or collector to another can happen without your permission. However, it typically doesn't happen without your knowledge. By law, a consumer must receive written notice (known as a debt validation letter) within five days of the collector's initial attempt to contact you.
In California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable.
Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit. These state laws are called "statutes of limitation." Most statutes of limitations fall in the three-to-six year range, although in some jurisdictions they may extend for longer depending on the type of debt.
Debt collectors can restart the clock on old debt if you: Admit the debt is yours. Make a partial payment. Agree to make a payment (even if you can't) or accept a settlement.
For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
You aren't off the hook for unpaid credit card debt after 7 years. If you are still within your state's statute of limitations, you may want to work with debt collectors to settle the debt rather than risk being sued.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
If a debt is sold to another company, do I have to pay? Once your debt has been sold to a debt purchaser you owe them the money, not the original creditor. The debt purchaser must follow the same rules as your original creditor when they collect the debt, and you keep all the same legal rights.
If the same debt is listed multiple times (possibly with different names) you should dispute the multiple listings with the credit reporting agency and the original creditor or furnisher that provided the information to the credit reporting agency. A multiple listing is not a harmless error.
When the debt is sold or transferred, a new collection account is added to your credit history. So, after your debt has been transferred or sold, it will probably show up two times in your credit history. If the debt is sold again, another account is added to your credit history.
Collections agencies can report to all three of the credit bureaus almost as soon as they purchase the debt. They can then report monthly on the status of the debt for seven years and 180 days from the date they took the account.
Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.
The first step to stopping debt collectors from calling you is telling them the 11-word phrase - “Please cease and desist all calls and contact with me, immediately.”
Are debts really written off after six years? After six years have passed, your debt may be declared statute barred - this means that the debt still very much exists but a CCJ cannot be issued to retrieve the amount owed and the lender cannot go through the courts to chase you for the debt.
Most statutes of limitations fall in the three-to-six year range, although in some jurisdictions they may extend for longer depending on the type of debt. They may vary by: State laws.
The main ways to erase items in your credit history are filing a credit dispute, requesting a goodwill adjustment, negotiating pay for delete, or hiring a credit repair company. You can also stop using credit and wait for your credit history to be wiped clean automatically, which will usually happen after 7–10 years.
It is always better to pay off your debt in full if possible. While settling an account won't damage your credit as much as not paying at all, a status of "settled" on your credit report is still considered negative.
Can Old Debts be Written Off? Well, yes and no. After a period of six years after you miss a payment, the default is removed from your credit file and no longer acts negatively against you.
Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.
What Is Time-Barred Debt? Time-barred debt is money a consumer borrowed and didn't repay but which is no longer legally collectable because a certain number of years have passed. Time-barred debt is also known as debt that is beyond the statute of limitations.
What happens if a CCJ is still unpaid after six years? The CCJ will be removed from the Register and your credit file after six years. During these six years, the creditor and the court can take further action you. It's very risky to wait for a CCJ to 'drop off' your credit file.
The term "zombie debt" is used to describe debt that is very old or no longer owed. In short, it's debt that has come back from the dead to haunt you. Zombie debt is typically purchased from the original creditor (or even from another debt collection agency) for pennies on the dollar.