What Is Zombie Debt Endurance Wealth Partners

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What is Zombie Debt?

What is Zombie Debt?


Ari Baum | May 4, 2021

Zombie debt is old debt that is typically


written off as bad debt by the original
creditor and then later sold to collection
agencies for pennies on the dollar. Most of
the debt sold is years old and cannot legally
be collected, though many consumers are
unaware of the statute of limitations for
legal collection of this debt. In many cases,
zombie debt is legally unenforceable,
meaning that unlike your current creditors,
zombie debt collectors cannot sue you in
order to collect the debt. However, there is
no law against trying to collect the debt, and
many consumers, frightening by the
threats, end up paying the debt.

So, what should you do if someone


contacts you about debt that is more than
four years old? Here are some things that
you should do or be aware of should a
collector contact you via mail or telephone:

Send the collection agency a certified


letter within 30 days of contact stating
that you are disputing the debt in
question. This action forces the
collection agency to provide you with
proof that the debt indeed belongs to
you. They must also provide you with the
name and address of the original
creditor, if the debt was purchased by
the collection agency. This action will
also require the collection agency to stop
all collection activity until this
information has been provided.
Never acknowledge that the debt is
yours, even if you think it is.
If the debt is yours, but it is from years
ago, it is likely unenforceable in a court
of law. Each state has its own statute of
limitations on collection of old debt, and
if the debt is more than six years old, the
creditor cannot sue you for the amount
owed. It’s important that you find out
what the statute of limitations is in your
state.
Do not agree to a reduced payment or to
make payment on the debt. What this
does is actually restart the statute of
limitations, which starts on the last day
of activity on the account. Once you
agree to make a payment, the debt
becomes valid again, providing the
creditor with the option to sue you in
order to collect the debt.
Under the FDPCA, a consumer cannot be
sued after six years, nor can a debt
collector insinuate that arrest or
imprisonment is a possibility if you do
not pay the debt. They also cannot
continue to contact you if you have
written a cease and desist letter, nor can
they contact your employer, friends,
relatives, or neighbors.

If you determine that you want to pay off


the debt, keep in mind that you will not be
paying the debt to the original creditor, but
to someone who has bought that debt for
pennies.

Zombie debt continues to be a problem, but


knowing your rights can go a long ways
towards putting these unscrupulous
collectors out of business.

If you want to pay off the debt, you are


certainly within your rights to do so, but
make sure you know who is benefiting. The
money isn’t going to go to the original
lender, but instead to the debt collection
agency. For example, if you want to pay off
a debt to your family doctor in order to start
seeing that doctor again, realize that the
doctor’s practice likely sold the debt long
ago. In this situation, you might consider
contacting the original lender and offering
to pay them directly.

*This content is developed from sources


believed to be providing accurate
information. The information provided is
not written or intended as tax or legal
advice and may not be relied on for
purposes of avoiding any Federal tax
penalties. Individuals are encouraged to
seek advice from their own tax or legal
counsel. Individuals involved in the estate
planning process should work with an
estate planning team, including their own
personal legal or tax counsel. Neither the
information presented nor any opinion
expressed constitutes a representation by
us of a specific investment or the purchase
or sale of any securities. Asset allocation
and diversification do not ensure a profit or
protect against loss in declining markets.

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information should not be considered as
such. You should always consult your
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