Zombie Debt: Don’t Let It Rise To Bite You
- Zombie debts cannot be legally collected.
- Debt collectors have to prove you owe the debt.
- If you admit you owe the debt, it might become collectible.
Table of Contents
What is a Zombie Debt?
So-called “zombie debt” refers to loans that are too old to collect, were discharged in bankruptcy, or that debt collectors can’t properly document. It also refers to debts that resulted from identity theft, where the thief opened credit cards or loans in your name. Instead of giving you a clean slate and a fresh lease on life, some debt collectors will keep harassing you into repaying zombie debt, even if you don’t legally owe it and they can’t legally collect it.
While every state has slightly different rules, there’s always a statute of limitations on the ability of lenders to sue you to collect unpaid debt. If enough years have passed, creditors can’t sue you to collect on unpaid loans. After seven years, unpaid loans should expire from your credit report as long as you don’t do anything to resurrect them and turn them into zombie debts.
Who collects on Zombie Debts?
So-called “debt scavengers” buy old debt, hoping to collect some or all of the money, even if it’s no longer legally owed. There’s no standardized method of buying and selling debt, so some old loans are bought and sold using something as simple as a spreadsheet, on a thumb drive or even over email. While some debt collectors try to behave ethically, they may not even know if they’re trying to collect on a debt that has already been repaid, was never owed in the first place, or is uncollectable.
What kind of debts do Zombie Debt Collectors target?
Credit card debt is the most common form of zombie debt that debt scavengers love to go after. Since the government so closely regulates banks, they can’t keep unpaid credit card debt on their books for more than a few months. After that, they often sell the right to collect unpaid credit card balances to debt collection agencies for pennies on the dollar.
Once a collection agency has bought the debt, it can be bought and sold multiple times; even long past when agencies are legally allowed to sue you for repayment.
How do debt collectors try to make you pay Zombie Debts?
The worst debt scavengers are more than willing to act unethically or even illegally to get you to pay zombie debts. One common tactic is asking you to admit you owe an old debt and make a “token” payment. That can restart the statute of limitations and put you on the hook for a debt you may never have legally owed.
Other tactics are outright illegal. If a debt collector threatens to call the police or have you arrested for not repaying an old loan, you can report them to the Federal Trade Commission. The Fair Debt Collection Practices Act protects you from many common abuses, but if you don’t know how to deal with collection agencies, you won’t be able to protect yourself. For example, debt collectors can’t share your personal financial information with anyone else, like your friends, family, or employer, to intimidate you into paying old loans.
Keep these weapons in your arsenal to protect yourself from debt scavengers
Validate the debt
If a debt collector can’t provide you with written evidence that they legally own your loan, they can’t sue you to collect it. As soon as a debt collector contacts you about an old loan, ask them for documentation. They’re legally required to provide proof within five days.
Stop the harassment
Debt collectors can’t contact you at work if you tell them you’re not allowed to receive calls there, and they can’t discuss your finances with anyone but you or your spouse. If they keep calling, tell them you know your rights and that you’re alerting the Federal Trade Commission and your local attorney general about the violations.
Don’t resurrect the zombie debt
If you admit you owe a debt, even over the phone, debt collectors can use that as an excuse to reset the statute of limitations and the seven-year credit reporting period. Until you are sure you’re ready, never discuss old debt over the phone.
Choose your method of attack
If you’re contacted about a debt you don’t owe, tell the debt collector you know your rights and won’t pay anything you don’t owe. Then contact each of the credit reporting agencies and tell them to have it removed from your credit report. You have a couple of options once you’ve made sure you really owe the debt:
Offer to settle the debt, either on your own or with the help of a professional debt negotiator.
Fight the debt in court if you’re sued. Remember, if you haven’t resurrected the zombie so to speak, and the statute of limitations has passed, they can’t win a judgment against you for that debt. Also, and for smaller loan amounts especially, the debt collector may not even show up, and you might win your case by default. Remember, debt collectors buy millions of dollars in debt, expecting only to collect a tiny percentage of that amount.
The zombies can’t survive against you once you’re prepared for the battle.
How long does old debt last on my credit report?
What the credit bureaus call “derogatory information,” like unpaid loans, can only be reported on your credit history for seven years, but making payments or promising to pay can restart that clock. If a zombie debt is reported after seven years, contact each credit bureau and ask them to remove it.
How long can debt collectors sue me?
The period during which you can be sued for an old debt, called the statute of limitations, depends on your state. In most places, it’s between 3 and 7 years. That means depending on where you live, a debt might linger on your credit report longer than you can legally be sued for it.
Who can debt scavengers contact about zombie debt?
Debt collectors can only talk to you and your spouse about your finances. They may find information about your friends and family online, but they're breaking the law if they contact those people to discuss your old loans or ask for money.
How can debt collectors contact you?
Debt collectors can call you between 8 a.m. and 9 p.m. unless you permit them to call you at other times, but they can’t harass you. If you’re getting multiple calls a day, or threatening calls, then tell the debt collector you know your rights and report them to your state’s attorney general.
If you are being contacted by debt collectors, read this article about how to stop collection calls.