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

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
For informational purposes only. Debt collection laws vary by state. This is not legal advice.
Hypothetical question

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 believe it or not, 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?

Illustrative response

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.

Illustrative response

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.

Illustrative response

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
Illustrative response

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.

Illustrative response

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.

Illustrative response

Texas also has a 4-year SOL for credit card debt. A 15-year-old debt is definitely time-barred. But do NOT tell them anything that could be construed as acknowledging the debt - just send a debt validation letter and/or cease and desist via certified mail.

Also worth noting that the CFPB issued new rules in late 2024 that require collectors to disclose in their first communication whether the debt is past the SOL. Not all collectors are complying yet but it's another tool in your arsenal if they didn't disclose it.

Illustrative response

Thanks for sharing. Dealing with something similar myself.

Illustrative response

I'd recommend documenting your damages carefully. You'll need specifics for any legal action.