If the original creditor has discharged the debt, what are my rights against being sued by another debt collector? 4 Answers as of September 13, 2013

If the original creditor has discharged the debt, what are my rights against being sued by another debt collector who has supposedly purchased the outstanding debt balance? In addition, what is the time frame they are allowed to pursue collecting?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
They own the debt and can use legal collection efforts including lawsuit.
Answer Applies to: New York
Replied: 9/13/2013
S. Joseph Schramm | Joseph Schramm
If the debt you incurred was for the purchase of consumer goods or services (personal, family or household use) then you should be able to assert the discharge against the debt collector as a defense to the claim.
Answer Applies to: Pennsylvania
Replied: 9/13/2013
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
The answers depend on what you mean by "discharged" and the nature of the debt. If the original creditor has settled the debt, it should not be sold and the settlement is a complete defense. If the original creditor has merely "charged off" the debt, that has no effect on your liability. It merely means that federal regulators no longer permit the debt to be kept on the creditor's books as an asset. If the original creditor has issued a 1099, the effect is unclear. The statute of limitations on a credit card is 5 years in Il.
Answer Applies to: Illinois
Replied: 9/13/2013
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
If by "discharged" you mean in bankruptcy, nobody can come after you for it. If you mean they "charged off" the debt, then it can get sold to anyone and they can continue to collect. There is no time limit for collection, but there is a time limit for suing for the debt (5 years on a non-written contract, 10 years on a written) and for credit reporting (7 years). Otherwise, nothing illegal about calling for it. Its what they do when they call that matters.
Answer Applies to: Illinois
Replied: 9/13/2013
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