Every state has placed a statute of limitations on the amount of time a third party debt collector has to file a lawsuit against a consumer in an attempt to collect the balance on a credit card or personal loan account. Although debt collection agencies such as Harris & Harris, Ltd. are aware of the state statute of limitations, the bill collectors like to play a game premised on the fact most consumers are not aware of the statute of limitations.
The game goes like this: A third party debt collector contacts you and requests payment on a delinquent account or that you make arrangements to send money each month to liquidate a consumer debt.
Although the statute of limitations has expired on the collection of the outstanding debt, nothing written into state or federal law prevents Harris & Harris, Ltd. from trying to get you to pay off a credit card or personal loan account. The statute of limitations applies to the filing of a lawsuit, not the attempt to collect an outstanding consumer debt from you.
Draft a Letter by working with a Lawyer
Each state sets the time limit on debt collection statute of limitations, but the Fair Debt Collection Practices Act (FDCPA) represents the federal consumer protection law that gives state statute of limitations standards legal teeth. Enacted in 1977, the FDCPA limits the amount of time third party debt collectors have to file lawsuits in efforts to collect delinquent debts. The landmark law also prohibits debt collection agencies like Harris & Harris, Ltd. from harassing you by issuing threat or using abusive language.
Filing a notice to inform a bill collector that the statue of limitations has expired requires the legal expertise of a licensed consumer protection lawyer. Your lawyer will know what to include in the letter, as well as present the notice in clear language for everyone to understand. Working with a FDCPA lawyer also ensures the letter arrives to Harris & Harris, Ltd. via certified mail.
Sample Statute of Limitations Letter
Although third party debt collectors have the right to request payment for an outstanding debt after the statute of limitation has expired, you have the right under the FDCPA to ask a bill collector to stop contacting you by phone, email, and snail mail.
Let’s look at a sample statute of limitations letter:
To Whom It May Concern:
This letter is in response to your phone call on May 14, 2018 concerning the account number I have listed at the top of this letter.
I have checked with my state Attorney General’s office and I have confirmed the statute of limitations on this outstanding debt has expired. Therefore, if you choose to pursue this matter 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 any more, except to be notified that you will stop future collection efforts. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Speak with an experienced consumer protection lawyer today to determine whether the statute of limitations has expired on a delinquent debt Harris & Harris, Ltd. is trying to collect.
*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 Harris & Harris, Ltd. or any other third-party collection agency, you may not be entitled to any compensation.