Pacific Debt Relief Program

What is Zombie Debt and How to Deal with Zombie Debt Collectors

Feb 21, 2024

Protect Yourself, They Want Your Money!

A zombie represents debt in front of a grave with a debt document on it.

Have you received aggressive calls demanding payment for a bill you don’t remember owing? You may have been targeted by collectors trying to profit from “zombie debt”, which is inactive, unpaid debts that are deemed uncollectible.


Zombie debts seem to rise from the grave even after you thought you killed them off for good. But arming yourself with information on your rights and debt collection rules is key to defeating these monsters.


According to the Consumer Financial Protection Bureau, over half of all complaints about debt collectors relate to debts that consumers state either do not belong to them or they have no knowledge of owing in the first place. So zombie the debt collection agency is running rampant.


This complete guide breaks down everything you need to know to protect yourself from zombie debt attacks. We’ll reveal what zombie debt is, why it happens, and how collectors trick unsuspecting consumers. Learn to recognize these underhanded tactics to keep crypts closed on expired debt for good!


What Exactly is Zombie Debt?


To understand why zombie debt happens in the first place, you first need to know what debt is considered “dead” and why collectors can resurrect it.

Zombie debt refers to debts that are too old to be legally collectible, have already been paid off or discharged, don’t belong to the debtor, or are otherwise deemed inactive. Specifically, some main categories of zombie debt include:

  • Time-barred debt: Debt that is past the “statute of limitations”, which refers to the window of time creditors or debt collectors legally have to sue you for payment, typically 3-6 years depending on the state. However, the debt doesn’t magically disappear even when it becomes time-barred.
  • Settled debts: Debts that a consumer previously reached an agreement on through means like bankruptcy proceedings, debt settlements, or payment plans. Settled debts normally come with paperwork stating the creditor writes off the remaining balance.
  • Erroneous debt: Inaccurate debts resulting from creditor errors or as a result of identity theft. This type of zombie debt simply doesn’t belong to the person.
  • Re-aged debt: When a collector reports previously unpaid debt as “new” delinquency to try restarting the credit reporting time limits after 7 years. This is illegal but a common zombie debt collector tactic.

Often with only small payments, a portion called phantom debt, these inactive debts seem to rise from the grave even after you thought you had killed them off for good. But why does this happen?


The story typically goes like this:

  • Original creditors give up on trying to collect very old, small, or disputed debts after a certain period of non-payment
  • They sell these bad debts for pennies on the dollar to third-party debt buyers or collection agencies
  • The debt buyers attempt to collect a percentage by pressuring unsuspecting consumers into making payments on debts they don’t legally owe or have proof of repayment on
  • Even tiny payments can revive these dead debts and have big consequences for consumers down the line

Now you can see why collectors aggressively pursue zombie debts, they’ve invested hardly any money buying portfolios of old debt, so even if just 1 in 50 consumers accidentally pays them, that translates into big profits. Their tactics may be shady, but debt scavenging can be extremely lucrative.


Tricks and Lies of the Zombie Debt Trade


Zombie debt collectors may not eat brains, but that doesn’t stop them from using deception and verbal intimidation to get what they want. Since most consumers balk at knowingly paying expired debts they don’t legally owe, tactics zombie debt collectors rely on tricks and harassment to pressure people into slipping up.


Some of the most common zombie debt-collection tactics include:

  • Promising to “forgive” the debt in exchange for a small partial payment: Collectors convince consumers that if they pay even a tiny portion of an old debt, the collector will wipe the slate clean and leave them alone. However, in many states, even a $5 payment can reset statute of limitation rules or bring a dead debt back to life.
  • Threatening lawsuits for time-barred debts: It’s illegal to sue over expired statute of limitation debt, but threats can intimidate consumers into paying zombie debts that can’t be legally enforced.
  • Re-aging debt to restart credit reporting time limits: Collectors bend (or break) rules when they report previously unpaid old debts as new delinquencies. This keeps negative marks alive on credit reports longer than the 7-year limit.
  • Deception about collector identity or standing: Collectors regularly impersonate lawyers, law firms, or official creditors to exaggerate legal authority to collect on debts. Some even purchase official letterhead for extra convincing deception.
  • Harassing the debtor with abusive calls: Non-stop phone calls at all hours using aggressive and offensive language is unfortunately common practice among bottom-feeder collectors seeking payments through intimidation.

Falling for these dirty tricks by engaging with collectors or making any form of payment often legally binds consumers to pay off the entire “zombie” debt within seven years, when they likely wouldn’t have to pay a cent otherwise.


While frustrating, learning to recognize these underhanded tactics is crucial to protect yourself. So if out of the blue “Chompers Debt Collections” starts blowing up your phone demanding your firstborn child over decade-old medical bills you already paid, chances are something smells un-dead.


But what do you do when collectors cross the line from pushy to unlawful harassment? Next, we’ll detail your rights and how to formally stop communications so you can put zombies back to rest.


How to Protect Yourself from the Zombie Debt Collector Hordes


Dealing with aggressive collectors who use common tactics of deception and verbal abuse to coerce people into paying expired debts can be a nightmare. But federal law provides consumer protections you can leverage to fend off unlawful collection practices.


Arm yourself against zombie collector trickery using these best practices:

  • Don’t engage with collectors over the phone: Never admit the debt is yours or make any form of payment until the collector has validated the debt obligation in writing. Zombie debt thrives when scavengers get consumers to slip up on a recorded call.
  • Formally dispute invalid debts: If a collector contacts you trying to resurrect a debt you never had or don’t legally owe, request a written “debt validation notice” within 30 days. This legally requires them to prove the debt belongs to you.
  • Send a cease and desist letter: Consumers have the right to end all communication under the FDCPA. Send collectors a letter through certified mail directing them to stop contacting you - available cease & desist letter templates can be easily found online.
  • Monitor your credit reports: Keep tabs on your credit by checking reports annually and disputing any inaccuracies with the credit bureaus to catch signs of identity theft or collectors illegally re-aging accounts early.
  • Report FDCPA violations: Under federal law, collectors cannot lie, improperly threaten legal action, call excessively, or verbally harass. Report violations by filing FDCPA complaints to protect your rights.
  • Consult with an attorney: If confronting aggressive collectors feels overwhelming, speak to a lawyer. An expert can review the situation, draft dispute letters on your behalf, and take legal action if needed.

According to Congressional testimony, less than 10 percent of consumers facing illegal debt collection practices ever file formal complaints due to factors like fear or lack of awareness. So asserting your rights is critical.


In 2021 alone, the FTC received over 81,500 complaints about third-party debt collectors pursuing expired or inaccurate zombie debts. Refusing payment or communication cuts off their ability to revive old debts. Together we can help keep the crypts closed on expired zombie debt haunts these monsters!


I Owe the Zombie Debt - Now What?


Given the scary picture we've painted, your first reaction upon getting a call from a debt collector is probably to assume the debt collection calls you is a sham that can be ignored. However, sometimes collectors track down legitimate old debts that were never properly repaid or accounted for. So what should you do if it turns out reports of your debt's death have been greatly exaggerated?


First, request the collector provide a written debt validation letter return receipt, or notice confirming full details - the original creditor, exactly what was purchased, the amount owed, proof you are the actual debtor, etc. Never make a repayment plan until validated.


If records confirm you do owe the debt with a rightful payment plan or outstanding balance, you have options:

  • Negotiate a settlement: Offer the debt owner a lump-sum payment for a discounted percentage of the balance owed to satisfy the debt. Get any agreement to settle for less than full price in writing before paying.
  • Revive small debts: If the balance is under ~$2,500 and you can afford monthly payments, divide up the amount to pay installments over 6-12 months. This avoids credit damage.
  • Discuss long-term payment plans: If the balance is large, talk to the creditor about minimum payments you can realistically budget for monthly or quarterly. Work together on a timeline you can follow.
  • Consult a debt relief company: An ethical debt settlement company can negotiate with collectors on your behalf for reduced payoff amounts and improved terms/rates. Fees vary but may save money long run.
  • Meet with a bankruptcy Lawyer: Filing for bankruptcy stops collections activity and legally eliminates many debts under Chapter 7 discharge (with impact on your credit).

Essentially if collectors can validate you still rightfully owe real zombie debts of yours, you'll need to work out repayment arrangements if possible or pursue legal relief options. Running or ignoring legitimate past-due accounts called zombie debt will only make things worse over time as interest piles up. Know your debts - dead or undead!


How to Prevent Your Debt from Returning as Undead Zombies


While being haunted by debt zombies can be frightening, you have a great deal of control when it comes to keeping them buried for good by managing debt responsibly. Follow these pro tips to avoid newly dead debts clawing their way out of the grave down the road:

  • Keep debts current and accounts in good standing: This means making at least the minimum payments every single month. Set payment reminders and automate transfers from checking accounts if needed. Even one little late slip can open the door for future trouble if temporary hardship snowballs into long-term delinquency.
  • Pay down debts completely when possible: Eliminating debts through lump-sum payoffs or adhering to debt payoff plans means there is no balance for zombie debt collectors to resurrect later. Funnel any extra cash towards the highest-interest accounts first.
  • Retain financial records long-term: Hold onto statements, letters, payment receipts, zero balance confirmations, etc for all debts even years after paying them off or closing accounts. This provides proof if collectors ever erroneously pursue settled debts. Shred obsolete records after 10 years.
  • Check credit reports annually: Monitoring credit reports from Equifax, TransUnion, and Experian allows you to dispute and correct inaccuracies that could lead to issues qualifying for loans/credit or result in zombie collectors contacting you over false delinquencies never paid late.
  • Freeze credit files: Freezing credit reports restricts all access to your credit history so only you can authorize new credit checks. This prevents accounts from being opened without your permission to prevent fraudulent debts. Temporarily lift freezes when applying for financing but freeze again after.
  • Sign up for identity theft monitoring: Identity monitoring services alert you to suspicious credit inquiries, accounts opened in your name, addresses linked to your SSN, web monitoring for credential leaks, and other key markers of potential financial fraud that could generate mystery debts.

Commit to financial accountability and the zombies will stay dead! With vigilance, there’s no need to fear the return of debts you’ve laid to rest.


FAQs

  • What is zombie debt?

    Zombie debt refers to accounts that collectors attempt to collect payment on despite being time-barred, previously paid/settled, discharged in bankruptcy, or otherwise inactive and deemed uncollectible by the collection agency.

  • What types of debt do zombie debt collectors pursue?

    Any type of personal finance like loans, credit cards, medical bills, etc can turn into zombie debt sold for pennies on the dollar to collectors seeking to profit. Most medical, credit card, telecom or old utility debts go unpaid since they are unsecured.

  • Is it legal for collectors to try forcing people to pay zombie debts?

    Yes and no. Collectors can still ask for payment for zombie debt works but violate FDCPA laws if they sue, threaten litigation, misrepresent authority/identity, or otherwise verbally abuse or harass you over time-barred zombie debts. Paying revives debts.

  • How long can a collector attempt to collect on zombie debt?

    It varies by state and debt type, but trying to collect on legit zombie debt isn't limited by time even if the legal collection rights expire over time. Ethical collectors usually stop contacting if unable to validate original debt ownership.

  • What steps can I take to protect myself from zombie debt collectors?

    Don't talk to collectors over the phone, formally dispute invalid debts in writing within 30 days, tell collectors to stop contacting you via a certified letter or mail, check credit reports routinely, and don't start making payments on old debts without written debt validation notices first.

  • What if a collector refuses to stop calling about zombie debt even after I've told them to cease contact?

    If collectors keep contacting you illegally after receiving written notification to cease communications, report violations to the FTC/state authorities and contact a consumer protection attorney to stop harassment plus determine if you have grounds to sue the collections agency for breaking debt collection laws.

  • How can I prevent current debt from turning into zombie debt someday in the future?

    Pay all bills on time every month, pay down debts faster by tackling high-interest balances first, retain payment documentation after closing accounts, check credit reports yearly, consider credit freezes and identity theft monitoring, and pursue legal relief options if debts become unmanageable.

Conclusion


As we've seen, old debts rising from the past to haunt you can be alarming without context. However, understanding debt laws helps you recognize and dispute inaccuracies while taking accountability if collectors validate real outstanding balances.



The key is vigilantly monitoring your credit report and financial records, maintaining healthy credit through good financial habits, retaining account statements, and never sending payments into the dark depths of zombie debt without shining a flashlight first. Know your rights and obligations.


With this zombie debt survival guide under your belt, you now know how to avoid getting bit plus resources to fight back when collectors cross legal lines. Just stay calm, do your research, and don't let false threats or harassment intimidate you. Together we can keep financial zombies in their graves!


If you are struggling with overwhelming debt and want to explore your debt relief options, Pacific Debt Relief offers a free consultation to assess your financial situation. Our debt specialists can provide objective guidance relevant information and support to help find the right debt relief solution.

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