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Prescription Is A Word Creditors Hate To Hear

Prescription Is A Word Creditors Hate To Hear

Prescription is a word creditors hate to hear.  Any account which has not been paid for more than three years has probably prescribed (lapsed) provided summons was not issued before the three year period from the date the last required payment was missed and no admission of liability has been made either by making payment or otherwise.

Don’t be fooled by a “friendly” debt collector into paying anything on a prescribed account.  The law says these claims are unenforceable.  By paying anything or otherwise admitting liability you give the creditor carte blanche to charge you collection fees and interest that will make the original debt look tiny.

So, if a creditor calls with regard to an account that you have not paid for more than three years tell them, the debt has prescribed and ensured that they have your physical address so that they cannot take judgment behind your back by serving summons at your old address.  Remember, if they go ahead and issue summons to contact your attorney and have them defend the action on the basis that the debt has prescribed.