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Can a Creditor or Collector Sue Me After the Statute of Limitations Has Passed?

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Question: Can a Creditor or Collector Sue Me After the Statute of Limitations Has Passed?
Answer: Technically, it's against the law for debt collectors to sue or even threaten to sue you for time-barred debts, that is a debt whose statute of limitations has expired. But, the collector might sue you anyway if it contends that the statute of limitations hasn't passed. Fortunately, if you can provide proof that the statute of limitations on the debt has indeed expired it's likely the case will be dismissed.

The Federal Trade Commission has required one large collection agency, Asset Acceptance, to start informing debtors when the statute of limitations has expired. Not all collection agencies will do this, but you do have the right to ask if the statute of limitations has passed. And if the agency responds, they must answer truthfully.

If you're served with a lawsuit summons, it's best to contact an attorney with experience dealing with creditors and debt collectors. That way, you can be fully aware of your rights and have a legal representative in court.

More FAQs on Debt Statute of Limitations

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