Zombie debt is old, settled, or long-forgotten debt that has suddenly come back to life and is now threatening to wreak havoc on your finances. These debts are often purchased on the cheap by third party debt collection agencies, who then try to collect on them by scaring or tricking unsuspecting consumers into paying up.
While zombie debt can, indeed, be scary, you don’t necessarily have to pay anything to make it go away. In many cases, zombie debt has already been settled or is too “old” to be collectible. It’s also possible the debt doesn’t even belong to you but has your name attached due to an error or identity theft. Here’s what to do if a collector is hounding you for an old or unfamiliar debt.
Zombie Debt Definition
Zombie debt is generally defined as debt that is more than three years old that has either been settled, forgotten about, or belonged to someone else. While a debt collector is allowed to contact you about this debt, they are not allowed to harass you.
If a zombie debt collector contacts you about a debt that has expired or already been paid or settled, you do not need to pay it, and they cannot take you to court to collect the money.
Types of Zombie Debts
Zombie debts often fall into the following categories:
Settled Debts
If you’ve filed Chapter 7 bankruptcy, some of your debts might have been discharged, which means you’re no longer on the hook for paying them back. If a debt is settled, you should have a written agreement that makes it clear you’re no longer legally liable for the debt.
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Debt That Isn’t Yours
Debt that a scammer racked up under your name (by stealing your identity) can come back to haunt you as zombie debt, even though it doesn’t really belong to you. It’s also possible for a collection agency to mistakenly think a certain debt is yours and be going after you due to an error.
Time-Barred Debt
In many states, there is a statute of limitations on debt (with the exception of federal student loans). This means that, after a certain time frame, a collector can no longer take legal action to collect the debt. The exact time limit will depend on a number of factors, including the state law that’s noted in your credit agreement and the type of debt it is (such as credit card debt, a car loan, a personal loan, etc.) but it’s typically three to six years.
Depending on the state, the statute of limitations period may begin once the first required payment is missed, or it might start from the point when the most recent payment was made, even if that payment was made during collection.
It’s important to note that even if a debt is past its statute of limitations, making any type of payment or acknowledging you owe an old debt can restart the clock.
Debt That’s Fallen Off Your Credit Reports
Negative items on your credit report, such as a late payment or a debt in collection, can stay there for up to seven years. After that, the debt falls off your reports. If, however, you make (or agree to make) a payment on an expired debt, the debt collection agency can report the debt to the credit bureaus, resetting the seven-year clock.
How Does Zombie Debt Work?
Zombie debt is typically older debt. Generally, the original creditor has given up and sold the debt to a third party collection agency. These agencies often buy up zombie debts in bulk for pennies on the dollar. Even if the debt is past the statute of limitations and they cannot legally collect, they will often still try in the hopes that some consumers will pay out of fear. It’s essentially a numbers game — even if just a few people pay something, the business model can be profitable.
Some tactics that these collectors will use include:
• Telling you that if you make a partial payment, they will leave you alone
• Calling themselves a “litigation firm”
• Threatening to take you to court if you don’t pay
• Harassing you with excessive calls and verbal abuse
If you’re on the receiving end of a zombie debt collection, you’ll want to be careful. There is no upside in paying anything on a debt that is past the statute of limitations. In fact, doing so can restart the clock and make it possible for a collector to sue you for the debt and put it back on your credit report.
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How to Deal with Zombie Debt Collectors
If a debt collector contacts you about a debt you don’t remember or thought was settled long ago, here are some steps to take.
• Verify it’s a legitimate debt. By law, a collector has to give you details about the debt, either when they first communicate with you or within five days of the first contact. These details must include the name of the creditor you owe it to and how much money you owe (written out to include interest, fees, payments, and credits). If they don’t, you’ll want to request a debt validation letter. It’s also a good idea to get a free copy of your credit report at AnnualCreditReport.com to see if the debt is listed there.
• Follow up on suspected identity theft. If you believe that your zombie debt is a result of identity theft, you’ll find tips and sample letters to help you dispute it at IdentityTheft.gov.
• Know your rights. No matter where you live or the form of debt, you have rights. Under the Fair Debt Collection Practices Act (FDCPA), zombie debt collectors are allowed to reach out to you, but they are not allowed to do the following:
◦ Contact you before 8 a.m. or after 9 p.m. without your consent
◦ Reach out to you at work if you’ve requested they stop
◦ Contact you via text or email, or DM you on social media if you’ve asked them to stop
◦ Call more than seven times within a seven-day period
• Don’t ignore lawsuits. If a debt collector files a lawsuit against you to collect a zombie debt, it’s important that you respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
• Don’t accidentally reset the clock. If you make — or even agree to make — a payment on a time-barred debt, the statute of limitations clock may reset. If that happens, the collector can then sue you for the full debt amount, plus interest and fees. Also be wary of collectors that ask if you want to enroll in a “Fresh Start Program,” as this can also reset the clock on the debt.
• Dispute the debt if it’s not legitimate. If the debt is not something you legitimately owe (say, it has already been settled, is time-barred, or is not yours), you’ll want to send a dispute letter explaining why you do not owe the debt, ideally via certified mail. The Consumer Financial Protection Bureau offers sample letters that you can use as a guide.
• Negotiate if you do owe. If the debt in collection is legitimate and you do need to pay it, consider negotiating with the collector for a reduced amount. If they agree, be sure to get the new terms in writing (in case the debt comes back to haunt you — yet again — in the future).
Protecting Yourself from Zombie Debt
To prevent any of your current debts from becoming zombie debts, you’ll want to be sure to make all of your payments on time and in full and keep records of your payment history. If you have multiple high-interest debts and are finding it difficult to keep up with payments, you might consider getting a debt consolidation loan, ideally at a lower interest rate.
Other debt payoff strategies include getting a no-interest balance transfer card, paying off the most expensive debts first (known as the avalanche payoff method), and negotiating interest rates and payment terms with your lender.
The Takeaway
Zombie debt can rise from the grave to haunt you, but you don’t have to head for the hills or hide in fear. When you know your rights, you can protect yourself against old or expired debt that collectors are trying to cash in on.
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FAQs
Can you ignore zombie debts?
Ignoring zombie debts, which are old debts that have resurfaced, is generally not a good idea. While these debts may be past the statute of limitations, debt collectors can still attempt to collect them. Ignoring their attempts can lead to persistent harassment and, if the debt is legitimate, potential legal action.
A better route is to ask for a verification letter that includes all of the details of the debt. If the debt has timed out or is not actually yours, you can inform the collector in writing and request that they no longer contact you.
How can zombie debt collectors legally contact you?
Zombie debt collectors can legally contact you via phone call, letter, email, and even text messages. However, the Fair Debt Collection Practices Act (FDCPA) regulates these communications, requiring collectors to respect certain boundaries. For example, they cannot contact you early in the morning or late at night and are not allowed to harass you. They must also identify themselves and provide information about the debt.
What is the zombie debt statute of limitations?
The statute of limitations for zombie debts varies by state and type of debt but often ranges from three to six years. This period defines how long a creditor or debt collector has to file a lawsuit to collect a debt. Once the statute of limitations expires, the debt becomes time-barred, meaning the collector can no longer sue you to collect it. That said, the debt still exists, and collectors can still attempt to recover it through other means, such as phone calls or letters. It’s important to verify the specific statute of limitations in your state.
Photo credit: iStock/skynesher
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