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Can You Be Chased for Debt After 10 Years? 

by

JG Wentworth

July 30, 2024

9 min

Man being chased for debt

Like a classic horror movie, debt has a way of following people long after they thought the monster was dead. The question of whether you can be chased for debt after a decade is a common concern for many individuals struggling with long-standing financial obligations. The answer isn’t always straightforward and can depend on various factors, including your location, the type of debt, and the actions taken by both you and the creditor.  

Let’s explore the complexities surrounding old debts, statute of limitations, and your rights as a consumer. 

This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. 

Understanding statute of limitations on debt 

The statute of limitations is a crucial concept when discussing old debts. It refers to the legal time limit within which a creditor can sue you for an unpaid debt. After this period expires, the debt becomes “time-barred,” meaning the creditor loses the right to sue you for payment. 

A few key points about statutes of limitations: 

 

 

 

  • Clock start time: Generally, the clock starts ticking from the date of your last payment or the date you defaulted on the debt. 

 

 

So, can you be chased for debt after 10 years? 

As you may have guessed by now, the short answer is: it depends. Here are some scenarios: 

 

  • Time-barred debt: If the statute of limitations has expired (which in many states would be the case after 10 years), the creditor cannot legally sue you for the debt. However, they may still attempt to collect through other means. 

 

  • Judgments: If a creditor obtained a court judgment against you before the statute of limitations expired, they might be able to pursue collection for much longer – potentially up to 20 years or more in some states. 

 

  • Federal student loans: These typically don’t have a statute of limitations and can be collected indefinitely. 

 

  • Tax debts: The IRS generally has 10 years to collect unpaid taxes, but this timeline can be extended in certain circumstances. 

 

  • Zombie debt: This refers to very old debts that have passed the statute of limitations but are “resurrected” by debt collectors who attempt to collect on them. 

 

Your rights regarding old debts 

Understanding your rights is crucial when dealing with old debts. Here are some crucial points to keep in mind: 

 

  • Fair Debt Collection Practices Act (FDCPA): This federal law protects consumers from abusive debt collection practices. It applies to third-party debt collectors and prohibits various unfair or deceptive practices. 

 

 

  • Cease communication: You can request that a debt collector stop contacting you, though this doesn’t erase the debt. 

 

  • Statute of limitations defense: If sued for a time-barred debt, you can use the expired statute of limitations as a defense in court. 

 

Potential consequences of old debts 

Even if a debt is time-barred, it can still have some impacts. Here are two of the most common: 

 

  • Credit report: Negative items typically remain on your credit report for 7 years, affecting your credit score. 

 

  • Potential for harassment: Unscrupulous debt collectors might still attempt to collect on time-barred debts. Of course, there are limits to what they can and cannot do. 

 

Strategies for dealing with old debts 

Here are a few ways you can deal with old debts that are still haunting you: 

  • Verify the debt: Always request debt validation to ensure the debt is legitimate and you’re dealing with the rightful owner of the debt. 

 

  • Check the statute of limitations: Research the applicable statute of limitations in your state for the specific type of debt. 

 

  • Be cautious about communication: Be careful not to accidentally reset the statute of limitations by acknowledging the debt or making a small payment. 

 

 

  • Seek legal advice: If you’re unsure about your rights or are being sued for an old debt, consult with a consumer protection attorney. 

 

 

The bottom line 

The question of whether you can be chased for debt after 10 years doesn’t have a one-size-fits-all answer. While many debts will be time-barred after a decade, exceptions exist, and the specifics can vary based on your location and the type of debt you have.  

Understanding your rights, the applicable laws, and the potential consequences is crucial in navigating any old debt. Consider seeking advice from a financial advisor or legal professional to understand your options and make the best-informed decisions for your specific situation.  

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Do you need debt relief? 

If you have $10,000 or more in unsecured debt, there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.*  We’ve helped countless individuals in your shoes avoid bankruptcy and having to deal with collectors. Some of our program perks include: 

  • One monthly program payment 
  • We negotiate on your behalf 
  • Average debt resolution in as little as 48-60 months 
  • 24/7 support 
  • We only get paid when we settle your debt 

 

If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side? 

 

SOURCES CITED 

Batdorf, E., “Statute Of Limitations On Debt Collection By State.” Forbes. October 16, 2022.

* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required. 

Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment. 

JG Wentworth does not pay or assume any debts or provide legal, financial, tax advice, or credit repair services. You should consult with independent professionals for such advice or services. Please consult with a bankruptcy attorney for information on bankruptcy. 

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