Every state has a statute of limitations (law of limits) on collection debt. It is law that mandates the legal time limit of when a debt can be collected.

Many consumers receive collection debt letters in the mail regarding accounts that have already been paid (no kidding) and/or the time limit to collect has expired. Junk debt buyers have names and account numbers of consumers who have paid a collection account even as far back as 10 years ago and they try to collect AGAIN. The trick for the debt collector is that the consumer most likely does not remember or has no documents of this account so they take the debt collectors word for it. This happens often. Debt collectors and collection agencies have no conscience.

A common scenario is that a debt collector will send you a letter to you if your name is similiar to someone else who HAS a collection debt and it may be a very old account that has expired under the guidelines of the SOL. The consumer questions it and the collector “convinces” them to pay. This is not even the consumers account but the collection agencies attempt to make it an “account” when it actually has another consumer name on it. Does this make sense?

THE MOST COMMON scenario is when the debt collector will send a letter that is 5-10 years old to collect. This falls under the statute depending on which state. The debt collector KNOWS that this is too old to collect on but they send it anyway because the consumer does not know their rights. The debt collector knows they legally don’t have any rights to collect but if the consumer does not know about the SOL then the consumer will start to pay the account. Instant profit for the debt collector.

If a certain amount of time passes and the consumer has not been able to pay the collection account, there is a time limit and the collection debt will expire under the SOL. The debt collector CANNOT collect on it. Please note that the SOL does not apply to all debts. The consumer has to check their state’s civil debt collection codes. You must not ignore the collection letters that are old. You can be sued. YOU MUST WRITE AN SOL LETTER.

We are adamant about not talking to debt collectors. They will trick you into making a payment or verbal agreement and that puts the account “live” and the collector lives for the dead to come alive with the SOL accounts.

It is imperative to document all action for your records.

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