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Statute of Limitations – Expired Debt Letter

Although it may vary from one state to another, every state has a statute of limitations date. That date is when an expired debt becomes uncollectable. From that date forward, debt collection agencies are forbidden from attempting to collect the debt in question.

If any debt collector attempts to collect the debt after the sol has passed, the debtor can lawfully notify the debt collector to cease and desist. Any debtor can make a copy of the letter shown on this template, and send the copy to a debt collector.

Anyone working as a debt collector should be well aware of the sol date in their state, and that any contact with the debtor after that date is unlawful. This letter template makes quite clear that a debtor can take legal action against a debt collection agency if they try to contact a debtor about any expired debt after the statute of limitations date has passed.

Any collection agency that is reported as not being in compliance with the Fair Debt Collection Practices Act will be reported to the State Attorney General. They can also be fined by the Federal Trade Commission.Leave a Comment Below if this Statute of Limitations letter has been helpful!

Your Name
Your Address

Collector’s Name
Collector’s Address

RE: [insert account number or name of account or name of debt]

Dear [insert collector’s name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the “statute of limitations” has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

(Sign above name)
Printed Name