You have not heard from a debt collection agency in over two years. The once stressful personal financial situation appears to have eased a bit. However, all the calm feelings of leaving your personal debt behind shatters one day, as a representative from General Revenue Corporation called you at home to discuss an outstanding credit card account.
You panic over the phone and admit owing money to the credit card company. The more than two years of third party debt collector communication means the clock has restarted on the statute of limitations.
Every consumer debt carries with it a statute of limitations established by each of the 50 states. The statute of limitations applies strictly to the filing of lawsuits against consumers, although you can include cease and desist language in a statute of limitations letter to prohibit a bill collector from making any type of contact with you.
Time sensitive debt collection efforts require you to be careful about what you say to a third party debt collector. Even the slightest admittance to the existence of a delinquent consumer debt can push the statute of limitations back to square one.
Draft a Statute of Limitations Letter the Right Way
In September of 1977, the United States Congress passed one of the most important consumer protection laws in American history. The Fair Debt Collection Practices Act (FDCPA) establishes the statute of limitations for the collection of outstanding consumer debts.
However, federal law alone does not guarantee you receive the protections listed in the FDCPA. You need to hire a licensed consumer protection lawyer to prevent a debt collection agency such as General Revenue Corporation from crossing over the legal boundary.
Although drafting a statute of limitations letter sent to General Revenue Corporation does not require you to work with a FDCPA attorney, it is much more effective to have a legal expert draft the letter to ensure full compliance.
You cannot afford to allow emotionally charged language to diminish the legal right to explain to a third party debt collector that the statute of limitations has expired on a credit card or personal loan balance.
By hiring an experienced FDCPA lawyer, you draft a clearly written statute of limitations letter that explains to General Revenue Corporation the clock has run out on debt collection efforts.
What to Include in the Letter
A statute of limitations letter tells a debt collection agency the FDCPA forbids the filing of a lawsuit to clear up a personal debt. However, the letter does not require General Revenue Corporation to stop communicating with you by phone or snail mail.
Your attorney must include language that requests a third party debt collector stop contacting you at home and at work. The letter must also describe the legal implications of not complying with the statute of limitations letter, as well as continuing to make harassing phone calls.
Your lawyer will explain how the FDCPA grants you every legal protection mentioned in the statute of limitations letter.
Do not allow General Revenue Corporation push you around when it comes to debt collection efforts. Speak with a FDCPA attorney to enjoy the legal protections granted by the landmark federal law.
*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 General Revenue Corporation or any other third-party collection agency, you may not be entitled to any compensation