Share post
Debt Consolidation Forums Collection agencies and creditors forums

How to notify CA about Expiration of Statute of Limitation

member profile picture
Posts: 1
Credits: 0
[Donate]

Do you have form or letter that i can use to send to the collectin agent explaining that the statute of limitation expired?.Thanks




Here is a generic letter I found on the "net" at this website
debt-n-credit-letters.com/Debt-Dispute/SoL-dispute-letter.html

Hope it helps

FREE Sample Expired Statute of Limitations Notification Letter
Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (fdcpa) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



(Sign above name)
Printed Name

Sub: #1 posted on Mon, 10/23/2006 - 11:43

PDLFREE PDLFREE

(Posts: 1245 | Credits: )

Make sure that you know that the SOL is expired in your state before sending this letter. Check the date when the account first turned delinquent and that the agreement with the original company was breached.

Sub: #2 posted on Mon, 10/23/2006 - 11:46

PassionHunting PassionHunting

(Posts: 512 | Credits: )

turned this over attorney, debt was from 1997. They want 800. I do not owe , but 300.

Sub: #3 posted on Thu, 01/22/2009 - 06:41

Unregistered


CAN I FIGHT THIS COLLECTIONS AS A REGULAR CREDIT CARD COLLECTION, I HEARD THIS TYPE OF COLLECTIONS ARE DIFFERENT.

Sub: #4 posted on Thu, 02/19/2009 - 22:46

Unregistered


I was told by a credit card company (when I requested of them during one of their calls) that they did not have to stop calling me, that credit card debts did not follow the same rules. They also said they could call anytime they wanted because the account was still considered open and was not with an outside collection agency. They threatened to garnish wages. They refused to discuss any options with me and refused to close the account when requested to do so because as they put it that way they can still charge me late fees and over the limit fees. Then they stated that once they decide to close the account they could charge me account maintenance fees indefinitely. I requested the account be closed so I could pay it down because they refused to reverse charges that were accrued because of Sprint debiting my checking account erroneously causing a payment I made to HSBC to bounce. Both my Bank and Sprint refused to give me a written statement backing up my claims even though Sprint put the money back in my account after 6 months of arguing with them and the Bank reversed their fees associated with that error as well. I also offered to send HSBC a copy of my bank statement proving Sprint had reversed the charge yet they refused it. I should also mention once it went to collections, the first collection agency who contacted me showed the balance at $1000 now the balance is over $1500 yet they claim only $51 is past due. How does that work? Any suggestions on how to go forward at this point?

Sub: #5 posted on Wed, 03/11/2009 - 12:45

Unregistered


I GOT A SUMMONS TO GO TO COURT IN 30 DAY FOR A OLD HOSPITAL BILL IN 10 DATS THE S.O.L ARE OVER IN OREGON

Sub: #6 posted on Wed, 04/01/2009 - 17:42

Unregistered


Am being requesting for the third time validation for a debt that I believe a don???t own. The collection agency only sent me a bill. The date of the bill/account was for day of service October 10, 2002 -November 10, 2002.
How can a demand a validation of this account or How I will know if this account past the Statute of Limitations. Please Help me!

Sub: #7 posted on Sun, 05/24/2009 - 17:45

Unregistered


I had a car repossessed in 1990 while residing in Arizona. I bought the car and entered into contract in the state of New Mexico. Now in 2009 I had a collection agency (Vision Financial Corp) contact me stating that I owed them 2100.00 dollars and they would show a 0 balance after I paid this amount. There was another agency last year (Calvary Portfolio) that tried to collect on the same debt. They have the debt listed as a credit card with Nations Bank. I have NEVER had a credit card with this bank. But after they do some investigation they find out that it was a balance left from a repossession. First I want them to leave me alone. Second do I have any legal recourse?

Sub: #8 posted on Sat, 07/18/2009 - 13:15

Unregistered


How do I find out what the statute of limitations are and do they apply to the state the creditor is in or where I am residing?

Sub: #9 posted on Wed, 10/21/2009 - 13:42

Unregistered


Quote:
Originally Posted by Anonymous
How do I find out what the statute of limitations are and do they apply to the state the creditor is in or where I am residing?


The state where you live.
http://en.wik ipedia.org/wiki/Statute_of_limitations

Sub: #10 posted on Mon, 11/23/2009 - 11:34

wetboyz wetboyz

(Posts: 9 | Credits: )


Page loaded in 2.126 seconds.