How long to collect on an old consumer debt?

Factual Questions
1

I was contacted by a collection agency to collect a debt from Montgomery Ward’s (out of business around '95). The debt is under the name of my husband. The collection guy said the debt was from '90 or '91. It seemed he wasn’t sure about the date, but he was happily willing to offer me a great deal (according to him) of the balance due by giving me 40% off if I paid right away.

I just took his name and number, but I’m really surprised anyone would try to collect on a debt this old, especially given the company is long out of business.

This debt more than likely involves my husband’s ex-wife. She tends to leave a large and wide paper trail wherever she goes. She’s actually sorta nice, but not real bright. She is bright enough to file for bankruptcy a couple of years ago, however.

Anyway, I think the collections guy is just fishing around for a pocket. Is there a time limit on these kids of debts?

2

This is the old “statute of limitation”, “consumer” or “credit card” discussion.

In short:

The debt still exists, but is unenforceable - they can’t sue, can’t garnishee wages, etc.

sol varies by state (US) but I’m pretty sure a 12-13 year old debt (assuming no payments have been made, no additional credit extended - do a search for detailed discussion) is beyond the sol in any US jurisdiction.

IANAL, IANAFC

3

In my state, a debt is actionable for six years. Once a judgment is obtained in court against the debtor, the debt can be collected for ten years after judgement is entered, with the option to renew for another ten years.