You are here:
- Home
- Business
- Corporate Law
- Collections Law
- Collection Agency Response
Collections Law/Collection Agency Response
Advertisement
Question
I have bad debt that is 8 years old from when I was unemployed in 2001. This debt has been removed from all 3 credit reporting agencies but now a new collection agency has sent me a collection letter stating if I do not respond they will assume the debt is valid. Should I send letter stating the debt is past the statute of limitations for my state of Florida? Some info. I have found states that doing so is an admission of the debt and gives the collection agency leverage, not me. Please advise.
There are several ways to approach this problem. You could demand validation, you could send them a cease & desist or you could just ignore it and let them file a lawsuit against you or whatever you want to do. If they file a lawsuit you would have to respond. I think the best approach is to send them a demand for validation but don't mention the fact of it being out of SOL. It is up to them to know that and they probably do.
Just keep your validation letter very short and simple. You only have to say you dispute the debt and demand validation. That's really all you need to say.
Related Articles
- Debt Validation FAQ - Questions About Debt Validation - FDCPA
- Sample Expired Statute of Limitations Letter for Debt Collectors
- Debt Validation - Making Collectors Verify Alleged Debts With Debt Validation
- Time-Barred Debts - Debts With Expired Statute of Limitations
- Collection Letters - Collection Agency - Collection Agencies - Getting Paid
Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
©2012 About.com, a part of The New York Times Company. All rights reserved.