Introduction
Each state establishes a law that defines the legal time limit for debts. Once the period known as the statute of limitations has expired, creditors and debt collectors cannot use the courts to force you to pay the debt. You can use the statute of limitations as a defense if you are sued at any time for an expired debt.
How to Inform Debt Collectors That They Are Too Late
The law prevents you from being sued for expired debts, but it does not stop collectors from continuing to contact you to collect the debt. Debt collectors have the right to keep contacting you, even though the debt is no longer legally enforceable. Fortunately, you can stop these calls. Use this letter to inform collectors that the statute of limitations has expired and that you no longer wish to be contacted regarding the debt.
Sample Letter for Expired Statute of Limitations Debt
To Whom It May Concern:
This letter is in response to your call regarding the letter dated January 15, 2016, concerning the above-referenced account number.
I have checked with my state’s Attorney General and confirmed that the statute of limitations on this type of debt has expired. Therefore, if you choose to pursue this matter in court, I will have to provide evidence that the statute of limitations has expired.
Let this letter serve as notice that I no longer wish to be contacted regarding this debt except to be informed that future collection efforts have been terminated. Any further communication regarding this debt will be considered a violation of the Fair Debt Collection Practices Act.
Sincerely,
Your Name
Tips for Sending the Letter
Do not acknowledge the debt or make any promises to pay in your letter. Such actions can renew the statute of limitations, giving the debt collector extra time to sue you.
Be careful not to confuse the statute of limitations with the credit reporting time limit. The statute of limitations is a state law that affects whether a debt collector can sue you. The credit reporting time limit is a federal law that dictates how long a debt can be listed on your credit report (seven years in most cases).
Customize the highlighted sections of the letter with information related to your collection account. Use your credit report or recent statements from the collector to obtain the correct account information.
Send the letter by certified mail with a return receipt requested. This provides you with proof that the letter was sent and received. If the debt collector continues to contact you after they have received the letter (after one additional contact is legally permitted), you can provide proof of receipt to file a complaint or sue the debt collector for further illegal collection actions.
Keep a copy of the letter for your records. You may need to send the letter to another debt collector in the future.
Source: https://www.thebalancemoney.com/time-barred-debts-960883
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