Question:
what is the statute of limitations on a debt of $8000?
Corine
2009-02-13 13:05:25 UTC
11 years ago I incurred a debt that I don't feel that I owe (long story) but 10 years ago I told them that I do not agree with the debt and haven't heard anything else. Today I received a letter from a collection agency trying to collect this debt that I do not feel that I owe. So I was wondering if there was a statute of limitations on this debt of less than $8000.
Six answers:
anonymous
2009-02-13 13:10:13 UTC
statute of limitations varies by the type of debt, the state that it was incurred



i have attached a link for you to bankrate.com-- it has a list of sol's by state and type of debt for you



there is a very specific letter you should send once you are certain that you don't owe the debt due to the statute-- only then should you contact them-- at any time you have contacted the collector regarding the account the time frame starts all over again
CatDad
2009-02-13 21:15:46 UTC
This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.



Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.



Send the collection agency a letter via Certified Mail + Return Receipt stating:



Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, to include:



- a copy of the original signed contract with my signature

- validation of the original "Date of Delinquency" for this alleged debt

- validation of the "Date of Last Activity" for this alleged debt

- validation that this alleged debt is within the statute of limitations.



Per the Fair Debt Collection Practices Act, cease all verbal communications with me about this alleged debt.



* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.

=========================

FYI: The statute of limitations starts of the date of default...but if you have made recent payments then this may reset the statute of limitations.
davecontos
2009-02-13 21:19:07 UTC
It depends on the nature of your agreement.



If you had an oral agreement, then the applicable statute of limitations is likely 3 years: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.080



If the agreement is based upon a written instrument, then state statutes suggest 6 years: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040



This is not legal advice, however, as I am not licensed to practice law in the State of Washington - it's just information anyone can obtain from the internet.



Hope it helps!
jack99skellington
2009-02-13 21:08:55 UTC
Send a certified letter to the collection agency telling them you do not owe the debt, and for them not to contact you again. They are then not legally allowed to pursue it. Whatever you do, do not discuss anything else with them, or say anything else whatsoever, or they can use that against you. They will try.



Problem solved.
Jim B
2009-02-13 21:13:21 UTC
YOU WOULD THINK IT WOULD HAVE EXPIRED BY NOW,BUT IT IS A CIVIL MATTER.MAY DEPEND ON WHO THE PLAINTIFF IS.SPEND 30 OS $ AND CALL A CIVIL LAWYER IN YOUR STATE.
bornalive
2009-02-13 21:17:22 UTC
there is alot to it but this is where you can find all the info you need http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.3A-118


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