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The statute of limitations on the collection of a tax liability is 10 years. (Internal Revenue Code 6502.) After ten years the debt is wiped out. (continue to read for provisional conditions) There are a number of ways the ten-year amount of time may be extended. 1. The ten-year amount of time does not commence until you file your tax return and IRS assesses the tax versus you. So NOT filing a return and hiding for 10 years won’t get your tax debt wiped out. 2. IRS may extend the ten-year amount of time by suing you in federal court. This does not occur very often, so I am told. 3. If you file an Offer in Compromise, or journeying or living outside of U.S., or involved in a dispute with IRS, or file bankruptcy or request a Taxpayer’s Assistance, sign a waiver form or request any kind of hearing; your ten-year amount of time is extended until any of these issues are involved. usually IRS will make each effort to gather the Tax liability before the 10-year amount of time is up. This includes garnishment of your wages and placing a levy on your bank account. It is strongly suggested by http://www.taxeswilltravel.com that you contact a Tax Professional if any of these situations implement to you. |
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Boris
There is a statue of limitations, but I think each state is different….like 10 years in some states.
Lance
Check the below site for details on the statute of limitations in your state. These debt collectors prey on people who have gotten their life together and are so horrified by a collection agency that they pay the debt. Don’t agree to pay the debt, under any circumstances! It could set the “clock” back to zero. There are sample letter available to get these scavengers to stop calling you. It probably won’t end up on your credit, but if it does, you can easily get it removed by the credit reporting bureaus.
Don’t lose any sleep over this one, but do take care of it so they don’t continue to harrass you. Good luck!
Abel
Statute of limitations for Mn.
Goods Sold & Delivered (UCC): 4
Open Acct.: 6
Written Contract: 6
Transportation Service: 3
Domestic Judgment: 10
Foreign Judgment: 10
Since this does not sound like a judgment, you are long past the SOL in your state.
Send the collection agency a debt validation letter, send it certified mail return receipt (create a paper trail). Be sure to send it within the 30 days after you had received that bill from them.
After you get a response, or get no response in 35 days, send them a SOL letter, certified mail return receipt. Which basically tells them to take a hike because the bill is no longer legally collectable.
I would suggest going to the site I’ve linked and do some reading in the newbie forum and the credit forum. Learn your rights in dealing with this company.
You can also find sample validation and SOL letters on that site.
Everything on that site is “free” to read and use. Never pay a website for info that you can get for free.
Caitlin
The above posters are partially correct.
The expiration of the Statute of Iimitations means that they can no longer sue you and get a judgement but its up to YOU to provide that defense to the court when they try. If you don’t present the expiration in your defense they will probably get a default judgement against you.
They can keep calling you and sending you letters to try to collect it forever though, long after their “legally enforceable” means have expired.
Francis
Follow Echo’s advice exactly. VERY IMPORTANT!
What concerns me is your comment that this debt involves payments on your old house. So I’m very confused…..was it forclosed on? Sold? What is the exact status of that loan?
Note that written contracts and Oral (Credit card, revolving credit) have a 6 year SOL in your state. But since a house is involved, there should have been a mortgage lien placed on the house. I’d need to research it a bit more to figure out the legal aspect of this (NOTE: I am NOT a lawyer). I just wanted to point this out because it could throw a monkey-wrench into your defense plans.
By following Echo’s advice, they will be forced to “validate” this debt, and send you evidence to show exactly what this bill is for. That includes contracts, mortgages, or whatever.
Contact your secretary of state’s office (or whoever maintains lien records) and see of your husband has a lien already against him.
In my state, liens can stay with you a very long time.