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, and the debt collector may be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees! There is a statute of limitation (SoL) also called “time barred” on the enforcement of debts. Although a debt’s SoL has expired, that does not prohibit creditors and collectors from attempting to collect the debt. It just means the courts cannot be used to force you to pay the debt through legal actions such as judgments, liens, wage garnishments and so forth.
Assuming a debt is valid, once it expires, it’s up to you to decide whether or not to pay it. If you choose not to pay the debt, you might save yourself and the creditor or collector time and money by sending a letter informing them of the expired statute of limitation and your intention to use it as your defense should they decide to pursue legal actions. Statute of Limitations – Check Yours!
SOL Dispute Letter
Feel free to copy and paste the letter below into your word processor.
FREE Sample Expired Statute of Limitations Notification Letter
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 tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000.
(Sign above name)
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.
Debt Help Lawyers may be able to assist you in settling your debts, old and new. You may be able to:
– Lower your interest rate!
– Save hundreds a month and thousands off your total debt!
– Stop dealing with creditors, let an attorney do that for you!
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