Debt collection agencies operate on the principle that it is a good thing to keep consumers in the dark. They say what you do not know cannot hurt you. However, it is wise to learn as much as you can about consumer protection laws.
Did you know third party debt collectors such as SRS and Associates Inc. have a limited amount of time to file a lawsuit in pursuing the collection of delinquent consumer debt?
In some states, the statute of limitations is four years, while other states grant bill collectors more time to file lawsuits against consumers. One of the first things you must do after receiving a letter or a phone call from SRS and Associates Inc. involves determining the debt collection statute of limitations in your state.
Although you can perform research online, you might as well speak with a consumer protection lawyer who can help you fight back against a debt collection agency. Remember that the statute of limitations applies only to the filing of a lawsuit.
A third party debt collector can still try to contact you, although under a landmark consumer protection law, you can stop all forms of communication as well.
Get Legal Help Drafting the Letter
It is imperative you hire a consumer protection lawyer to draft a letter to SRS and Associates Inc. By hiring a lawyer, you ensure the letter avoids using emotionally charged language that motivates a bill collector to try harder in the attempt to collect on an outstanding debt.
Moreover, your lawyer knows every consumer protection granted by the groundbreaking Fair Debt Collection Practices Act (FDCPA). The United States Congress passed the FDCPA in 1977 to level the legal playing field between consumers and debt collection agencies.
At the center of the FDCPA is the prohibition of disrespectful treatment of consumers that includes third party debt collectors making threats or using abusive language. A debt collection agency like SRS and Associates Inc is allowed to call you only between 8 am and 9 pm.
Any phone calls you receive from a bill collector after the permitted time frame is grounds to seek actual damages, which represents another powerful reason to speak with a FDCPA lawyer.
Sample Statute of Limitations Letter
Your FDCPA lawyer will craft a statute of limitation letter that specifically addresses SRS and Associates Inc. However, you can expect your lawyer to present similar information in every statute of limitations letter he or she sends to debt collection agencies.
To Whom It May Concern:
This letter is in response to your letter dated November 10, 2018 concerning the credit card account number listed above.
I have checked with my state Attorney General and I have verified the statute of limitations on this type of debt has expired. If you choose to move forward by filing a lawsuit, I will be forced to show proof the statute of limitations has expired on this debt.
Let this letter serve as notification that I do not want you to contact me about this debt again, except if you notify me that you will not attempt future collection efforts. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Speak with a consumer protection lawyer today to learn more about the statute of limitations placed on the collection of delinquent 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 SRS and Associates Inc. or any other third-party collection agency, you may not be entitled to any compensation.