Zombie Debt: What to Do About Old, Time-Barred Debt
"Zombie debt" is old debt a collector tries to revive after years of silence. A debt usually doesn't disappear, but once your state's statute of limitations has run, a collector cannot sue or threaten to sue you over it. Be careful: in some states a payment or acknowledgment can restart the clock.
What the law says
- A debt generally doesn't expire until it is paid, but most states limit how long creditors or collectors can sue to collect, typically three to six years and sometimes longer. CFPB, Can debt collectors collect a debt that's several years old?
- A time-barred debt is one for which the applicable statute of limitations has expired. 12 C.F.R. § 1006.26 (Regulation F)
- A debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt. 12 C.F.R. § 1006.26 (Regulation F)
- Collectors can still contact you about a time-barred debt by letter or phone, as long as they follow the law. CFPB, Can debt collectors collect a debt that's several years old?
- Depending on the facts and your state, a partial payment or acknowledging an old debt may restart the limitations period. CFPB, Can debt collectors collect a debt that's several years old?
- Some states start the clock when a required payment is missed; others start it from the most recent payment, even one made during collection. CFPB, Can debt collectors collect a debt that's several years old?
- Federal student loans have no statute of limitations. CFPB, Can debt collectors collect a debt that's several years old?
- If you are sued on an old debt, a court may still enter judgment if you don't appear and raise the statute of limitations; it is generally your responsibility to point it out. CFPB, Can debt collectors collect a debt that's several years old?
- Separately from the deadline to sue, collection accounts generally cannot appear on a credit report more than seven years after a period that starts 180 days from when the delinquency began. 15 U.S.C. § 1681c(a)(4), (c)(1)
How to file a complaint
Report a collector that sues or threatens to sue on a time-barred debt to the CFPB online at consumerfinance.gov/complaint or by phone at (855) 411-2372, or to the FTC at ReportFraud.ftc.gov or your state attorney general. A private lawsuit under the FDCPA must be filed within one year of the violation. CFPB, Submit a complaint; FTC, Debt Collection FAQs; 15 U.S.C. § 1692k(d)
FAQ
Should I make a small 'good faith' payment on an old debt?
What if I'm sued on a debt I think is too old?
Can a collector still call me about a time-barred debt?
Does the ban apply in bankruptcy?
Related
- Collections on Your Credit Report: Time Limits and Disputes
- Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
- What Is Wage Garnishment?
- Debt & Collections by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.