Collections Law/Confused!!

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Question
Hello Ray,

One debt specialist told me I will stop getting harassed by debt collectors once I am outside the statute of limitations, another one told me the collectors will never stop trying to collect unless I file for bankruptcy (he said an expired statute of limitations could get a lawsuit dismissed if I am taken to court, but it still won't prevent them from trying to collect in the first place). Which of these answers is accurate? I am very confused!

Thank you for your time,
James

Answer
The statute of limitations stops legal methods of collections such as lawsuits. Technically, the debt itself never expires so the calls could continue.  This it normally not the case.  Your best option it to send the collector a cease and desist letter.  Sent this letter certified and tell them to not contact you in any way about the debt.  If I were you, I would keep a debt diary on this debt.  Write down everything you do, everyone you speak with and every letter you write.  That way you never have to rely on your memory in case you have to take someone to court over this.  I wish you the best with this and if you need further assistance please let me know.

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Ray A Miller

Expertise

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.

Experience

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.

Organizations
ACA International

Education/Credentials
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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