Legal Question in Credit and Debt Law in Nevada
statute of limitation
recieved a letter from a collection co, they said I owe 300.00 from 1992 or 1994.and some account numbers that was listed.that all I know.Is this legal thank you
2 Answers from Attorneys
Re: statute of limitation
Send a written letter requesting the debt collector validate the debt. Do not make any payments or the statute of limitations starts to run again from the date of your latest payment. This is probably time barred and a violation of the Fair Debt Collection Practices Act.
Re: statute of limitation
You have the right under the Fair Debt Collection Practices Act for the collector to validate the debt. Pleading the statute of limitations in a collection lawsuit is something best left to lawyers; in any event it must be affirmatively pled in response to a Summons, Complaint and/or Small Claims Affidavit, or the defense is waived and forever lost. Adverse account nformation of this type may be kept on your consumer credit file for seven (7) years from charge-off.
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