I think they have seven years to collect.
It is definitely a fly-by-night collection agency who bought the debt, the original issuer wrote the DUmmy off 5 years ago.
And if it's a fly-by-night collection agency, this is not the first the DUmmy has heard from them. He's gotten countless nasty letters and phone calls, and chose to "just not deal with it".
*cracks knuckles*
Time for a little edjumacation.
Most of the companies who buy debt at pennies on the dollar are not "fly by night," and they generally do not collect on "zombie" debt. There are several examples of publicly traded debt buyers, who are subject to almost as much regulation as are lenders, including being looked over by financial auditors. The FTC oversees adherence to FDCPA, FCRA, and an array of state-level laws and regulations.
The statute of limitation for the purpose of legal action depends on the state, and ranges from 48 months post-chargeoff to more than 7 years. Not all accounts are economic to sue - in many cases there are no assets, or the balance is too small to justify court costs. Owners of debt incur court costs of litigation up front, and are in no way guaranteed to recover those costs. As a result, debt buyers are somewhat selective in the accounts they sue (spare me the one-off stories, please...they TEND to be selective).
In most cases, the debtor does not even appear in court, at which point a judgment is typically awarded to the plaintiff. In some cases, it is possible to garnish wages or attach bank accounts. It depends on the state and the court, and does not always apply. Many, many judgments are "nonperforming," which means that the debt owner won the suit but is not collecting any money.
Keep in mind that people who buy debt at pennies on the dollar are also collecting at pennies on the dollar. They offer large discounts (again, spare me your special cases), and only a small percentage of people who owe money actually pay.
"Zombie" debt is NOT "any debt that has been charged off." Zombie debt is
OUT OF STATUTE DEBT , which means that it is too old to be reported to credit bureaus, and is too old to be sued.
Anyone who pays on zombie debt is paying out of the goodness of their hearts. Anyone who claims they've been sued for zombie debt is (a) lying, or (b) about to have the case tossed out of court by an irate judge, who WILL sanction the lawyer who brings an ineligible suit. People who have collections horror stories and claim that the debt is out of statute are LYING. If a collector calls on out-of-statute debt and you don't want to pay it, here is what you do: TELL THEM TO PLEASE STOP CALLING YOU. It's just that simple. If they keep calling you, and especially if they make threats, then decide where in your home you would like your new 50" LCD TV and call a lawyer.
If the debt is within statute, and you don't like being called, then BE RESPONSIBLE AND MAKE A FREAKING PAYMENT.
That is all.