• Arnold & Smith Law, PLLC

Night of the Living Debt

Though the statute of limitations prohibits a creditor from taking legal action against you on unpaid debt, it won't always keep ghoulish debt collectors from pestering you with an endless horde of phone calls.

In her recent article for U.S. News, Laura Adams writes on the notion of "zombie debt," or a long overdue account that though not legally collectible, can still be disreuptive to a consumer. Zombie debt will generally refer to non-federal debt like income taxes or applicable student loans, as such debts are not tethered to the statute of limitations. However, even more common debt can still reanimate itself at the hands of an unaware consumer.

Despite being illegible for litigation, Adams posits a debt collector is still within their right to contact you. Among many of their tactics, many of which are unethical or flatout illegal, a debt collector might goad you into making a payment on your account under the guise of a false threat. In many states, making a payment on a zombie debt can reset the debt's statute of limitations, openning the door for litigation and other consequential action.

Adams further encourages any correspondence from a debt collector with regard to a possible zombie debt should be handled in writing, and requesting verfication of the debt is always recommended. Above all else, consulting an attorney, such as the legal professionals of Arnold & Smith Law, will likely provide you with the insight needed to put any zombie debt to rest permanently.

Happy Halloween from your friends at Arnold & Smith Law, PLLC.


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