Saturday, June 19, 2010

What is the statue of limitations on debt collection?

I received a collection for debt from a credit card I don%26#039;t believe was even mine! The letter states they tried to collect in 1999 but I never responded. It%26#039;s been over seven years since this so-called attempt to collect and I%26#039;ve received numerous credit reports over the years and this account has never appeared. What are my rights and how should I handle this???



What is the statue of limitations on debt collection?

Read the link below. It discusses what the statute of limitation is, and what the length of time in your state is. Most states run 4-6 years, but some are more. So look at the link.



The very first thing you need to do is send the collection agency a %26quot;demand to validate%26quot;. This is a demand that they send you proof that you have a legal obligation to pay this debt. They must send you copies of contracts, bills, receipts, and everything used to calculate what they claim you owe.



Include in this letter a statement that you do not believe this is your debt, and tell them you expect some proof. Also remind them that posting unvalidated reports to your credit history is a violation of the Fair Credit Reporting Act, and they can easily be sued in small claims court for $1000 if they try to do it.



Also include wording to the effect that they must cease and desist contacting you.



See the link below for a sample letter you can use.



If you have not checked it recently, get a copy of your credit report and verify that they have not posted anything on your history. You can get a free copy by going to http://www.annualcreditreport.com



Contact me if you need further advice or encouragement.



What is the statue of limitations on debt collection?

They cannot collect after 7 years. If it%26#039;s not on your credit report, then you truly have nothing to worry about. Enjoy ignoring them.



What is the statue of limitations on debt collection?

If it has never been on your report, don%26#039;t worry about it. If is was, legally, they only have 7 years to collect (if it is credit card, installment loans, etc....but for student loans, they can try to collect for as long as it takes). You can actually report this company for harassment. You can either ignore this, or if it gets worse, consult a lawyer about your rights.

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