Ignorance is bliss represents the operating mantra for many third party debt collectors. After all, what you do not know cannot hurt you. However, ignorance is not bliss and something legal can hurt you when it comes to collecting an outstanding debt.
Debt collection agencies such as Rash Curtis & Associates have the upper hand during debt collection efforts on outstanding credit card and personal loan balances.
How does a statute of limitations apply to consumer debt cases? You know about the statute of limitations for criminal defense cases like battery and armed robbery.
The same principle applies to delinquent consumer debt, except instead of spending time in jail, you have to fork over money to settle an outstanding credit card balance.
A ground breaking federal law called the Fair Debt Collection Practices Act (FDCPA) mandates the establishment of a statute of limitations for collection consumer debts. State legislatures have determined how long third party debt collectors have to file a lawsuit to garnish consumer wages.
Drafting a Cease and Desist Notice
You have every legal right to write your own notice to inform Rash Curtis & Associates about the statute of limitations. However, a consumer protection lawyer understands every provision written into the FDCPA that protects consumers against unethical debt collection agencies.
For example, do you know a third party debt collector like Rash Curtis & Associates is not allowed to use deception in an attempt to collect an outstanding credit card or personal loan account?
Deception can include impersonating a law enforcement official or misleading you about when the statute of limitations started on your case. The FDCPA also grants you the right to request a representative from Rash Curtis & Associates stop contacting you by phone, email, and snail mail.
You FDCPA lawyer will include the cease and desist request within the notice that statute of limitations has expired on your outstanding debt.
Actual Sample Notice Sent to Rash Curtis & Associates
The actual notice you send Rash Curtis & Associates should begin by informing the third party debt collector you are aware of the statute of limitations provision written into the FDCPA. Tell a debt collection agency when the date of the first payment was due on the credit card or personal loan account.
The first due date initiates the statute of limitations. Ask the debt collection agency to stop contacting you, which is another right granted by the FDCPA. Use clear language and refrain from letting emotions taint the intent of the notice.
Make sure you do not confuse the statute of limitations length with the credit reporting time limit established by consumer protection law. The statute of limitations on a delinquent debt is set by state law. Federal law mandates the length of time creditors have to report outstanding consumer debt.
Presenting evidence, such as a copy of the bill presenting the first due date, is crucial in sending a notice that the statute of limitations has expired on a debt you owe.
Speak with an experienced consumer protection lawyer to learn how the FDCPA protects you against an unethical debt collection agency.
*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 Rash Curtis & Associates or any other third-party collection agency, you may not be entitled to any compensation.