Legal Question in Credit and Debt Law in Pennsylvania
Tricky collection notices
I got a collection letter for a debt(utility bill)that I dont remember. If it is valid it has to be atleast 10 years old. I am confused because I have not gotten anything regarding this debt previously. Reading this website I have learned about the 4year statute. The part I wonder about is at the bottom of the letter. It says that I have 30 days to respond if I want to dispute the validity of this debt. If I do not respond within 30 days they will assume the debt is valid. Is this a trick to get me to reply? Does it give their claim validity if I do not reply? I occasionally get letters for old bills that I do recognize and I expect them but to get a bill out of the blue after so long seems phony somehow. One last question, if a bill has a statue of 4 years, is there anyway to get them to stop sending me letters to collect?
2 Answers from Attorneys
Re: Tricky collection notices
The letter to you is based upon Federal Law reguirements. They must give you notice that you can dispute the debt within thirty days. Write a letter disputing the debt and ask for verification. You might want to consult an attorney. Gerald Hershenson Esq. 215-579-9390
Re: Tricky collection notices
The notice you're talking about is a "form" notice, required by law.
You should call them up and indicate that you are not in any way acknowledging that this is your debt. Say that at the beginning to each new person you talk to, and repeat it. Tell them that they are trying to collect a debt (that you're not acknowledging is yours) well beyond the statute of limitations. (They will likely try to tell you that you're wrong, and that there's no such thing as a statute of limitations on a utility bill. When they do that, tell them that they've just violated the law again.) Tell them that you expect that they will stop trying to collect it illegally, and that there will be nothing negative added to your credit report. Make it clear that you WILL sue them if they do so. And, repeat, I am not acknowledging that this is my debt.