Every consumer debt carries with it a statute of limitations that prevents debt collection agencies from filing lawsuits in attempts to collect outstanding credit card and personal loan balances. The statute of limitations applies to lawsuits, such as wage garnishment claims that take a slice out of your weekly pay. Federal law does set a time limit on bill collectors for trying to collect delinquent consumer debts, which means you must be aware of your legal rights under a landmark federal law called the Fair Debt Collection Practices Act (FDCPA).
Drafting a Notice to a Debt Collection Agency
By working with a licensed consumer protection lawyer, you ensure the notice you send DCM Services complies with every provision written into the FDCPA. Passed by the United States Congress on September 20, 1977, the FDCPA prohibits third party debt collectors from harassing consumers by making threats or using abusive language in oral and written communications.
The FDCPA also clearly defines when a bill collector can call you. It also grants you the right to sue a third party debt collector for violations of the groundbreaking federal consumer protection law.
Debt collection proceedings can cause considerable stress and confusion. Most consumers do not understand how the FDCPA helps them fight back against unscrupulous third party debt collectors.
When you speak with an experienced FDCPA lawyer, you come to the legal table prepared to address any issues presented by the legal counsel hired for a debt collection agency like DCM Services. Your lawyer might suggest filing a claim in small claims court to simplify the legal process or seek monetary damages allowed under the FDCPA by filing a lawsuit in civil court.
Sample Letter for DCM Services
Although federal law prevents third party debt collectors from suing for expired consumer debts, a bill collector such as DCM Services can still contact you concerning an outstand credit card or personal loan balance. Your strategy to stop DCM Services from harassing you by mail or phone is to enlist the legal services of a consumer protection lawyer to draft a letter that reads somewhat like the following example.
To Whom It May Concern:
This letter is in response to the phone call you made to me on October 21, 2018 concerning the account number I have posted at the top of this letter.
I have checked with my state Attorney General’s office and I have verified the statute of limitations on the debt in question has expired. If you decide to pursue the collection of this debt in court, I will be forced to show proof the statute of limitations has expired.
Let this letter serve as notification that I do not wish to be contacted about this debt except to be notified that future collection efforts are terminated. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
DCM Services will have legal counsel representing the debt collection agency during every point of a legal battle. Make sure you are prepared to deal with DCM Services by speaking with an accomplished consumer protection lawyer today.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against DCM Services or any other third-party collection agency, you may not be entitled to any compensation.