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I recently got a letter from a collection agency on a debt past the SOL and one ready to fall off my credit report. This is the last of two to fall off. Should I send them an SOL expiry letter and if so what is a good letter? I looked under letters of credit and it did not really seem to apply in my situation.
I was going to send a debt validation letter but this usually makes them even more harrassing and they start calling non stop. This debt has been passed through so many debt collectors in the past and I am wondering if the SOL expiry lette is a better way to deal with it.
Hi Firey
This is what I could gather. Hope it helps
Sample Letter
Expired Statute of Limitations Notification Letter
Date
Your Name
Your Address
Collector's Name
Collector's Address
Subject: (put in account number or name of account or debt)
Dear (Name of collector or Collection agency/Original Creditor),
I am writing this letter in response to your letter (dated: dd/mm/yy)/phone call (on dd/mm/yy) regarding the collection of above mentioned account (account number).
I would like to bring to your attention that this debt (account number) is past the Statute of Limitations in XXX (name of state where the debt is applicable) and under the Fair Debt Collection Practices Act (FDCPA) and the state laws I have the right to be exempted from paying this debt. Therefore, should you want to pursue this matter in court I would like to inform you about my intentions to produce proof of the expiry of the SOL.
This is to formally notify you that this matter may be closed and I would not appreciate any further contact from you regarding this matter unless it is to inform me that your debt collection efforts are being terminated or that you are taking any particular step abiding by the FDCPA and the state laws.
If there is any action taken by you that does not abide by the FDCPA rules, I would directly report such violations to my State Attorney General, to the Federal Trade Commission and take any legal action necessary to protect my rights. Any phone call made to me shall be taped and shall be produced as evidence in case of any violation.
(Sign name)
Your Name
You may also dispute this debt if you want to. If you do then you must mention a dispute request in your letter.
Carol, Thank you. This letter seems to be a lot better than the ones I was finding and it covers everything I was looking for. Now if I dispute this debt who am I disputing it with? The collection agency or the credit bureaus? It will not fall off until this coming year and what grounds am I disputing it on..expiry of SOL? Any info would be great.
Thanks firey :) You may dispute this debt on the basis of it being past the SOL. However, I think this letter might be all that you need to send. Hope it will help.
Has anyone sent a letter like this and actually had the debt collector back off? Sometimes I wonder if once you send out a letter like this if it would prompt the collection agency to up there collection efforts.
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