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Collections & legal rights

Which clock applies to an old debt?

An old account can involve several clocks, each with a different starting event and consequence.

Find a section in this guide

Ask which clock the date is supposed to control

Account age does not answer every legal question
ClockWhat it governsFacts needed
Lawsuit limitationWhen a legal action to collect can be brought under applicable law.Debt type, governing law, when the right to sue arose, default or an early demand for the full balance, payments, and any event pausing the clock.
Credit-report ageHow long specified information can appear in a consumer report.Type of entry and the relevant statutory delinquency or other event.
Judgment durationHow long an entered judgment can be enforced or renewed.Court, entry date, renewals, stays, interest and satisfaction.
Contract offer deadlineHow long a particular settlement offer remains open.The written offer and any valid extension.

A debt’s disappearance from a credit report does not establish that a lawsuit is time-barred. A new collection letter does not itself establish that an old lawsuit period restarted. CFPB: Collection of older debts

Time-barred does not mean “ignore the summons”

Under Regulation F, a covered collector may not bring or threaten legal action to collect time-barred debt—debt whose applicable lawsuit period has expired. The provision treats requests for payment filed in bankruptcy differently. The applicable statute of limitations is determined under the governing law, not by this federal conduct rule. Regulation F §1006.26: Time-barred debts

If sued, respond through the correct court process and raise applicable defenses. A court may enter a default if you do nothing, even when an age-related defense could have mattered. Gather the agreement, statements, payment history and dates before concluding that the limitation period expired.

Some obligations, including certain federal debts, have different rules from ordinary state consumer contracts. Avoid using a general state chart as the entire analysis.

Check revival before a token payment or acknowledgment

In some jurisdictions, payment or acknowledgment can affect a limitation period. The type, timing and required form matter. Ask about the law applicable to the actual debt before making a small “good faith” payment or signing a statement that you owe it.

Washington illustration: RCW 4.16.270 distinguishes certain payments before expiration from payments afterward, and says a payment after expiration does not restart, revive or extend the period. RCW 4.16.280 separately addresses acknowledgments or promises and also excludes post-expiration revival. RCW 4.16.270, RCW 4.16.280. This is a Washington example, not a rule for every state or every debt.

Build a dated history instead of guessing from the collector’s age

For collection and charge-off credit entries, federal reporting law uses a delinquency-based rule, including a statutory 180-day provision, rather than simply seven years from a sale to a collector. Other types of records and statutory exceptions have different treatment. 15 USC 1681c: Credit-report information limits

  • Record the original creditor and account type.
  • Identify the first relevant missed payment and any later cure.
  • List payments, written promises, transfers and acceleration notices.
  • Check whether a judgment already exists.
  • Take disputed dates to a consumer attorney or appropriate court self-help service.

If the evidence does not establish a start event or governing rule, leave the endpoint unresolved. A precise-looking date calculated from the wrong event is less useful than an honest request for the missing record.

Sources and further reading

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TOPIC DOSSIER · A057

Old debt and limitation periods

Accrual, governing law, time bar, revival/acknowledgment, partial payment, judgments, reporting versus lawsuit clocks.

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