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Sample Expired Debt Statute of Limitations SOL Dispute Letter

A collector just called demanding payment on an old debt. You may not have to pay the debt, and the collector’s efforts in trying to collect may just be illegal debt collection tactics under the Fair Debt Collection Practices Act. If so, the debt collector may be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees! Below is a sample expired debt statute of limitation (SoL) dispute letter (also called “time barred” on the enforcement of debts). If the debt’s SoL has expired it means creditors and collectors are prohibited from attempting to collect the debt unless they tell you its not legally enforceable.

Assuming a debt is valid but expired it’s up to you to decide whether or not to pay it. If you choose not to pay the debt send a letter informing the collector or creditor that the statute of limitations has expired and you won’t pay the debt.  Statute of Limitations – Check Yours!

Expired Debt Statute of Limitations Notification Letter

Feel free to copy and paste the letter below into your word processor. IMPORTANT: If you do not dispute the debt, leave that out of your letter just be aware that without the statement, sending an expired Statute of Limitations letter implies the debt is yours and is valid. Always send your expired SoL letters via “return receipt requested” and keep copies for your records. Download a PDF version Here

Today’s Date

Your Name
Your Address

Collector’s Name
Collector’s Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector’s name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the “statute of limitations” has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me by phone on any number, regarding this or any other matter. You may contact me in writing to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I reserve the right to record all phone calls and violations of the FDCPA can result in you or your company being fined up to $1,000 or more.

(Sign above name)
Printed Name

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9 comments

  1. i live in CA. The Staute of Limitation on my Chase Bank credit card (4 years) has run because the last payment was in 2010. Chase has sent me a 1099 for the full balance. A collection agency continues to seek payment from me. In the corespondence from the collection agency, they acknowledge that the law prevents them from legally pursuing me. How do I get this collector off my back and off my credit report.

    • It will be removed from your credit report either 7 years from the “close” date, or 7 years from your last account activity (the last date you paid, or acknowledged the debt) whichever one is later. You can find out when the account was closed, and the last consumer activity date on Credit Karma for free.

  2. How long does a consumer can dispute an account. Is there SOL? I am not talking SOL on expired or SOL on each state. I am talking about can a consumer dispute any time, 1 year, 2 year, 3 year etc…

    • There is no SOL on disputing a debt. You can dispute any debt you like without consequence and free of charge directly through the collection agency, or through the 3 credit bureaus. Credit Karma has a direct dispute option that makes it very easy.

      By law, a collection agency has 30 days to verify the legitimacy of the debt once you dispute the debt. If they cannot comply the debt is removed from your credit report.

  3. i live in puerto rico i being sue by operating partners co as an agent for midland funding, went to court talk lawer, i told him the accounts was close jan 21 2008 and STATUTE OF LIMITATIONS is 7 years,but he told me in puerto rico is 15years Written Contract

  4. The plaintiff has already filed a judgement in the Court . Can I still send a letter of expired SOL? If so, would I have to also file this letter with the court under the case number that was sent in the filed judgement? Thank you for your help.

    • Natasha,
      You need to (have) filed a response to the court:
      1. you need to deny that you owe the debt
      2. you need to state that iF in fact a debt was owed that the statute or limitations has expired.
      3. You need to state that the court has NO jurisdiction in this matter.
      4. If the court has already made judgement against you then you need to tell the court that the verdict is NULL as
      a. the Plaintiff’s actions were in violation of State and Federal law in bringing the action against you
      b. The court never had jurisdiction over this matter as State and Federal law forbid legal action due to
      1. you not owing the debt
      2. Statute of limitations have been exceeded.
      done deal.

  5. I recently received a collections call regarding a medical bill from 2010, & am curious aboit the SOL for Washington State. I just find it odd that it would take over 7 years for them to contact me.

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