Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-29-2005, 05:51 PM
Junior Member
 
Join Date: Mar 2005
Posts: 1

Collection request after Statute of Limitations


What is the name of your state? New Mexico
Today I got a collection request on a debt that is well past the statute of limitations. I would like to notify the agency within the 30 days that I consider this action to be inaccurate and invalid but I fear that sending a letter is an acknowledgement of the debt thus resetting the contract period.

What do we do?

How do we write a letter that disputes the validity of the claim and yet does not acknowledge the debt and starts our contract period all over again?

Thanks for your help
  #2  
Old 03-29-2005, 06:32 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You will NOT start your contract period over again, and you will NOT reset the SOL by disputing their claim and telling them to get lost on a time-barred debt.

Send them the following letter (edit as needed):

[url]http://community-2.webtv.net/YCHANGE/STORAGE/page13.html[/url]

The NM statutes you need for the letter are on that same site.

Note the 2nd line in the letter says:
Quote:
This is not a refusal to pay, but a notice that your claim is disputed
You are NOT admitting anything.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:57 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.