Third party debt collectors bank on consumers not knowing about the protections granted by state and federal laws concerning the collection of outstanding credit card and personal loan balances.
One area of consumer protection law that often goes unnoticed by consumers is called the statue of limitations. Similar in theory to the statute of limitations placed on civil and criminal defense cases, the statute of limitations for consumer debt places a time limit on debt collection agencies for suing consumers.
The statute of limitations when it comes to outstanding credit card and personal loan accounts does not mean bill collectors such as McCarthy Burgess & Wolff cannot contact you.
It just means the sands in an hour glass have run out for filing a lawsuit to receive a favorable judgment that allows McCarthy Burgess & Wolff to garnish wages or make arrangements with you to set up a payment plan.
Statute of limitation laws vary from state to state, with some states implementing short term time limits that favor consumers. In addition, the type of consumer debts covered by statute of limitations laws differs as well.
FDCPA Lawyer Should Draft and Send the Notice
A notice sent to McCarthy Burgess & Wolff that informs the debt collection agency about the statute of limitations should be carefully drafted by a licensed consumer law lawyer.
Your lawyer will invoke legal language written into the ground breaking consumer protection law called the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits third party debt collectors from harassing consumers into paying outstanding debts.
For example, a representative from McCarthy Burgess & Wolff cannot call you after 9:00 pm and before 8:00 am. The FDCPA established the statute of limitations for the collection of delinquent consumer debts, while state laws fill in the legal blanks by mandating the time limits imposed on debt collection agencies.
Template for a Notice That Statute of Limitations Has Expired
When your lawyer sends a notice that the statute of limitations has expired on the collection of an outstanding credit card or personal loan account, the notice will follow a template used by consumer protection lawyers working throughout the United States.
The notice will be cordial, yet forceful in nature by explaining you are aware the statute of limitations has expired on your consumer debt. By citing the statute of limitations, you put McCarthy Burgess & Wolff in the tough spot of having to decide whether pursing collection for the debt you owe is worth the time and money.
Your lawyer will establish the first due date on the account when the statute of limitations time clock began. The notice offers you the perfect platform to request McCarthy Burgess & Wolff stop all forms of communications with you. Your cease and desist request is covered by the FDCPA.
By understanding a debt collection agency like McCarthy Burgess & Wolff knows consumer protection laws better than you, the most logical strategy for evening the legal playing field involves contacting a FDCPA lawyer.
Speak with a consumer protection lawyer today to learn more about a notice sent to a third party debt collector informing the agency the statute of limitations has expired on your consumer debt.
*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 McCarthy Burgess & Wolff or any other third-party collection agency, you may not be entitled to any compensation.