You receive a letter from Scott & Associates that the debt collection agency plans to file a lawsuit against you in an attempt to collect an outstanding debt. You panic and call a representative from the third party debt collector to make financial amends.
Unfortunately, by contacting Scott & Associates, you have unwittingly restarted the statute of limitations on your delinquent credit card account.
States mandate the amount of time debt collection agencies have to file lawsuits against consumers in attempts to collect outstanding credit card or personal loan accounts. If a debt collection agency such as Scott & Associates contacts you, what you say to the debt collection agency determines whether the statute of limitations is still valid.
By signing an agreement, you acknowledge the existence of the debt, which triggers a restart of your case. Never acknowledge the existence of a consumer debt and do not make arrangements to participate in an installment repayment program.
Drafting a Statute of Limitations Notice
Consumers do not deserve to be harassed by third party debt collectors. Until September 20, 1977, debt collection agencies had free reign in the types of methods used to force consumers into paying off delinquent credit card and personal loan accounts.
Under the Fair Debt Collection Practices Act (FDCPA), third party debt collectors like Scott & Associates must file a lawsuit within a certain period to force consumers to settle outstanding debts.
The landmark consumer protection law also prohibits debt collection agencies from issuing threats and using abusive language in attempts to intimidate consumers. Federal law establishes the legal concept of statute of limitations.
State law mandates the amount of time Scott & Associates has to file a lawsuit in an attempt to collect a delinquent debt owed by you.
Actual Sample Notice
The notice sent to Scott & Associates must be cordial, while clearly informing the third party dent collector about the statute of limitations pertaining to a delinquent debt.
Here is a sample notice:
To Whom It May Concern:
This letter is in response to your letter I received on February 16, 2018 concerning the account number listed at the top of this letter.
I have checked with my state’s consumer protection laws and I have verified the statute of limitations on my debt has expired. Therefore, if you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has invalidated my personal loan debt.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request your agency cease and desist communicating with me in any form.
Any other communications regarding this debt will be taken as a violation of the FDCPA.
Speak with a licensed consumer protection lawyer today to determine whether the statute of limitations has expired on your consumer debt case.
*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 Scott & Associates or any other third-party collection agency, you may not be entitled to any compensation.