Debt collector harassing me over 12-year-old debt - is this even legal?

I keep getting calls from a company called "Premier Asset Recovery" about an old credit card debt from 2013. They're claiming I owe $4,200 and threatening to sue me.

I honestly don't even remember this debt - it's been over 12 years. They call at least twice a day, sometimes at 7am. Last week they called my elderly mother trying to reach me.

Is this legal? The debt is so old I don't even have any records of it. What are my rights here?

This is classic "zombie debt" collection. A 12-year-old debt is almost certainly past the statute of limitations in every state. They can technically still call you about it, but they CANNOT sue you or threaten to sue if the SOL has passed.

Threatening to sue on a time-barred debt is a violation of the Fair Debt Collection Practices Act (FDCPA).

Consumer rights attorney here. Several red flags in your post:

1. 7am calls - The FDCPA prohibits calls before 8am or after 9pm in YOUR time zone. This alone is a violation.
2. Contacting your mother - Collectors can only contact third parties to locate you, and they cannot disclose the debt. If they told your mother about your debt, that's a serious violation.
3. Threatening to sue on time-barred debt - If they said they'll sue you over a 12-year-old debt, that's likely illegal.
4. Multiple calls per day - Excessive calling can constitute harassment under FDCPA.

What state are you in? The statute of limitations varies but is typically 3-6 years for credit card debt.

I'm in California. And yes, they definitely told my mother I had an "outstanding debt" when they called her. She was really upset about it.

California's SOL for credit card debt is 4 years from the last payment or activity. A debt from 2013 is absolutely time-barred.

California also has the Rosenthal Fair Debt Collection Practices Act which provides ADDITIONAL protections beyond the federal FDCPA. It also allows you to recover statutory damages of $100-$1,000 per violation, plus actual damages and attorney's fees.

You likely have multiple violations here. I'd recommend consulting with a consumer rights attorney - many take these cases on contingency because the law allows fee recovery.

IMPORTANT: Do NOT acknowledge this debt or make any payment, even a small one. In many states, making a payment or acknowledging you owe the debt can restart the statute of limitations clock, making it legally collectible again.

When they call, don't say "yes I had that card" or "I can't afford to pay right now" - either of those could be used against you.

I dealt with this exact situation 2 years ago. Different company, same playbook. They buy these ancient debts for pennies on the dollar and then try to scare people into paying.

What worked for me: I sent a debt validation letter via certified mail within 30 days of their first contact. They have to stop collection until they provide validation. Spoiler alert - they couldn't validate a 10+ year old debt and I never heard from them again.

Start documenting EVERYTHING. Note the date, time, phone number, and what was said on every single call. If they call at 7am again, that's another violation you can add to the pile.

Also, are these calls being recorded? In California, you need to inform them you're recording (two-party consent state). But if THEY are recording (they usually announce it), you can say "I'm recording too" and then you have evidence.

This is all really helpful, thank you. Should I just send a cease and desist letter telling them to stop calling? I've seen templates online.

You can absolutely send a cease and desist. Under the FDCPA, once they receive written notice that you refuse to pay or want them to stop communicating, they must cease contact except to confirm they're stopping or to notify you of specific actions they're taking.

However, given the violations you've described, I'd actually suggest consulting with an FDCPA attorney first. You may have a viable lawsuit here, and an attorney might want you to document a few more calls before sending cease and desist to build a stronger case.

Many consumer attorneys offer free consultations for FDCPA cases.

Don't forget you can also file complaints with:

• Consumer Financial Protection Bureau (CFPB) - they take debt collection complaints seriously
• California Attorney General's office
• FTC

These complaints create a paper trail and can lead to enforcement actions against repeat offenders.

Just a reminder for everyone: we've seen an uptick in posts about zombie debt collectors lately. These companies buy old debt portfolios for almost nothing and then try aggressive tactics hoping people don't know their rights.

Key things to remember:

• Time-barred debt cannot be legally sued over
• Don't acknowledge the debt or make any payment
• Document everything
• Know your state's SOL for debt
• The FDCPA gives you powerful rights

UPDATE: I contacted a consumer rights attorney who took my case on contingency. She sent them a letter documenting the violations (7am calls, disclosing debt to my mother, threatening to sue on time-barred debt).

They immediately stopped calling. The attorney says they want to settle because they know they're exposed. She's negotiating a settlement that would get me $1,500-2,000 for the FDCPA and Rosenthal Act violations.

Thanks everyone for the advice. I went from stressed and scared to potentially getting paid for their harassment.

Love this outcome! These predatory collectors count on people not knowing their rights. When they get caught, they usually settle fast because they don't want the violations on record or to set precedent.

This thread is gold. I've been getting calls about a medical debt from 2012 and just assumed I had to deal with it. Going to look into the SOL for my state and maybe contact an attorney too.

@BrianLopez_SD - Medical debt has the same SOL as other debts in most states. If it's from 2012 and you haven't made any payments since then, it's almost certainly time-barred. Definitely worth looking into.

Final update: Settled for $2,100. Attorney took 33% but I still walked away with over $1,400 and most importantly, peace of mind. They also signed an agreement to delete any credit reporting and never contact me again.

For anyone else dealing with this: know your rights, document everything, and don't be afraid to push back. These zombie debt collectors are often the ones breaking the law, not you.