Threatening letters fill the mailbox and phone calls come at all hours of the day. A third party debt collector appears to want you to settle the balance on an outstanding credit card or personal loan account.
You feel stressed out to the point that paying off the consumer debt is much preferable to having the debt collection agency harass you by calling you at work and sending emails that flood your in box.
Did you know that a landmark federal law protects you against the aggressive tactics implemented by a third party debt collector such as Wakefield & Associates, Inc.?
A FDCPA Lawyer Should Write the Statute of Limitations Notice
You are also protected by a legal provision that allows states to set statute of limitations on bill collectors for filing lawsuits against consumers. Similar in legal scope to the statute of limitations set for a wide variety of criminal offenses, the statute of limitations for collecting consumer debts gives you another legal out to avoid having to deal with a third party debt collector.
If Wakefield & Associates has contacted you after the statute of limitations has expired on a consumer debt, you should speak with a licensed consumer protection lawyer who will set the bill collector straight
A consumer protection lawyer that has considerable experience litigating cases involving the Fair Debt Collection Practices Act (FDCPA) will write a legally binding notice to inform a debt collection agency the statute of limitations has expired on your case.
Many bill collectors count on consumer ignorance when it comes to the FDCPA, which means although the statute of limitations has expired on your delinquent debt, a debt collection agency might continue to contact you and threaten to file a lawsuit.
Having a FDCPA lawyer send a statute of limitations notice is not an option, but a mandatory step for you to prevent Wakefield & Associates from contacting you.
Sample Letter to Use for Reference
Consumer protection lawyers typically work with a template when drafting statute of limitation notices. Here is one example of a statute of limitations notice template:
To Whom It May Concern:
I am writing in regards to the phone I received from your office on November 4, 2018 concerning the account number listed at the top of this certified letter.
I have checked the statute of limitations guideline set by my state and I have confirmed your agency is no longer allowed to file a lawsuit in an attempt to collect the alleged debt. If you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has expired.
Moreover, this letter serves 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. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Sincerely, Your Name
There are two key points to take away from the notice sent to Wakefield & Associates, Inc. First, the FDCPA permits consumers to send cease and desist letters that prevent third party debt collectors from contacting them.
Second, sending the statute of limitations notice by certified mail ensures Wakefield & Associates, Inc. has received the written correspondence.
Speak with a FDCPA lawyer today to learn more about how the FDCPA protects you against a debt collection agency.
- Is Wakefield & Associates, Inc Calling You?
- How Should I Start a Claim against Wakefield and Associates?
*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 Wakefield & Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.