Can a collection agency obtain a judgment for a charged off credit card once the 7 years have passed?

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1166426

2026-04-12 07:00

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The 7 year designation relates to the time a negative entry can remain on a credit report not to collection procedures. A collection agency does not have the legal power to sue someone unless the agency is a collections law firm. A creditor must file a lawsuit in the state court where the debtor resides, win a judgment against the debtor and then use the judgment to collect the debt. Only an attorney licensed in the state where the debtor lives can file a lawsuit; the one exception being UCC arbitration which can be appealed. It is possible that the state SOL for debt in which the person lives has expired and the collector can no longer pursue litigation. NEVER accept what a collection agent claims as the truth. Collectors work on commission and some will say anything, and often violate FDCPA and other consumer laws. NEVER give a collection agency financial information or agree to any terms other than those submitted in writing. ALWAYS become informed of your legal rights in relation to the laws of the state of residency. The law allows a debtor to send a letter of "cease and desist" to stop a collector from contacting them or their family members.

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