Sample Statute of Limitations Dispute Letter
Here is a sample statute of limitations dispute letter that you might send to a collection agency or junk debt buyer if you are being pursued for a debt that is past the statute of limitations. Please note that you should use the sample letters on this site as guides, rather than simply copying and pasting them word-for-word. Be sure to use your own words and tailor the letters to your individual situation when appropriate.
You will also notice that the below letter mentions that you dispute the validity of the debt. If you don’t dispute the debt’s validity, you may leave that statement out. But please be advised that if your letter does not include this statement, it will be assumed that the debt is valid. As with any other correspondence you send to a creditor or collector, be sure to mail the letter via certified mail with return receipt requested, and keep a copy for yourself.
Date
Your Name
Your Address
Collector’s Name
Collector’s Address
RE: [account number, or if unavailable, name of account]
To whom it may concern:
This letter is in response to your letter dated [__________] (copy enclosed) or phone call dated [__________] regarding the collection on the debt account listed above.
I do not believe I owe this debt and therefore I dispute this account. I am aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws. Therefore, I’d like to inform you that I have checked with my State Attorney General and verified that the Statute of Limitations for this type of debt through the courts in [name of state] has expired. If you intend to take this issue to court, I shall inform the court of my dispute of this debt and that the Statute of Limitations has expired.
This letter is to demand that your company should not contact me except to inform that collection efforts are terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Henceforth, I shall consider any contact a violation of The Fair Debt Collection Practices Act and will report it immediately to the State Attorney General or Federal Trade Commission. Please be advised that I tape record all phone calls and violations of the FDCPA may result in your company being held liable for up to $1000 in damages per incident.
Sincerely,
Your Name [do NOT sign anything you send to a collection agency or JDB; if you do, your signature could "mysteriously" appear on other documents you've never seen before, let alone signed!]
Related posts:
- Debt Validation Sample Letter
- Sample Nutcase Letter
- Debt Statute of Limitations
- How to Dispute a Listing on Your Credit Report
Filed Under credit repair, disputes, sample letters, statute of limitations (SOL) | 1 Comment
Tagged With debt statute of limitations, statute of limitations dispute, statute of limitations letter
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One Response to “Sample Statute of Limitations Dispute Letter”
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Bad debt collection is rapidly becoming a lucrative business for junk debt buyers (JDBs), also known as “zombie debt collectors”. Junk debt agencies have become very visible these days with the apparent profitability of this newly discovered trade. In fact, JDBs now range in size from small private business with sporadic clientele to huge million dollar concerns in Wall Street, no less.
The general idea is for these junk debt buyers to buy debts that are often “out-of-statute” and no longer (legally) needs to be paid. You should be aware of your rights and the laws that can protect you, as a growing number of these debt buyers are hardly operating within lawful parameters.
Typical unacceptable JDB practices in attempting to collect debts that have already passed the statute of limitations include harassment or verbal abuse; pursuing debts that the consumer in question isn’t liable for; multiple listing of the same debt. Also frequently done is the “re-aging” of accounts, which means that they report it as more current than it actually is.
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