Collections Law/What next?


QUESTION: I asked for a debt collector to validate a debt. I know I owe the original creditor some money but do I owe all the interest?
They sent me back a letter with original creditors name and an amount I owe now to them (the collection agency)
I only received their response today....So now what do I do? How can I dispute the debt when it was my credit card?        The SOL has passed , 3 years in NH and it has been 6 years since date of last activity, it even reports on my credit report that it will fall of in 2014, I forget the month.
Can I still sent them a cease and desist letter without admitting it was a credit card of mine, can I use the SOL and ask them to cease and desist?     They have never harassed me, and never broken any laws, in fact the letter even states that the debt is too old to sue but may continue to report it as unpaid.........So what do I do now?

ANSWER: If the statutate of limitations is up, attempts to collect the debt such as calls and letters are allowed. Attempting to or threatening to take legal action is not. Send them a cease and desist letter and forget about it. Do not make a payment as this could reset the statute. I wish you the best with this situation.

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QUESTION: I would like ot send a cease and desist letter, how do I write one without implying I owe this debt?         Do I just say the SOL has passed on this account and please do not contact me again.

ANSWER: Simply tell them to stop all collection activity and remove any information they may have reported to the Credit Bureau. Tell them if they need to contact you to do so in writing. You do not have to acknowledge the debt at all.  Send the letter certified, return receipt requested, keep a copy of the letter and the receipt in a safe place. A good example of a cease and desist letter can be found here: Please let me know if you need further assistance.  Again, I wish you the best with this situation.

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QUESTION: It is an old debt of mine and I do not have the means to pay it off, How can I ask them to remove it from my credit report? I thought they can report it on there for 7 years? The only negative is it is in collections.....

You are correct. It can and probably will stay on your credit history as long as allowed by law.There us nothing I know of that you can do to remedy this. I misread your first question.  I was so focused on the cease and desist part of the question that I overlooked the credit bureau portion.  Please forgive my oversite. At least 2014 is not that far off. Thank you for your question.

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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