What is the proper way to write the a collection agency trying to collect on a debt that is well past the Statute of Limitations. I have writen to them twice before and they just keep handing the debt off to a seemingly new agency, and never acknowledge my letter stating my Statute of Limitations terms. What is the best way to write this so that they will stop their efforts? Thanks. DrSean
There is NO statute of limitation on how long a credit collection company can continue to try to collect from you. They can be past the date when they can successfully get a judgement,they can be past the date when the debt must be removed from your credit report,but if you don't write to them,certified mail,to cease and desist all collection efforts they can hound you forever.
I guess that is really my question. What do I tell them, in writing, to do? I'm not exactly sure how I can use th SOL to my advantage. I had one collection agency in the past get a sucessful judgement against me because I didn't know that I had to state the SOL was reached on that debt. So now I would like to make sure that another agency (for a different debt) doesn't get that far.
Go to the sample letters section, use one of the Cease and Desist letters. You know from experience, if you don't answer the complaint and raise the SOL defense they will get the judgment. If you show up and raise the defense it will be dismissed.
You might try getting the existing judgement vacated,(cancelled) if it was small clams court,there will be someone there who can help you.Just explain you didn't know about SOL and that the filing was past the limit. Be prepared with proof of your date of original default of the account.
