Legal Question in Credit and Debt Law in Pennsylvania

Writing to collection agencies-4 yr statue

All of my debt is well over the 4 year statue of limitations. I continue to receive collection notices. I have never acknowledge any of this debt. My only contact with these agencies was a letter telling them to only contact me by mail. Do I just write back (certified mail) to these companies stating that the statue of limitations has expired? I don't know what exactly to say. I am sure it is better to have a lawyer write them--and if so--how much does your firm charge?


Asked on 6/28/06, 11:06 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Writing to collection agencies-4 yr statue

Just don't quite get it do you?

Just because the debt is outside the state's statute of limitations does not prevent a creditor from trying to collect a debt. You still owe the money. The statute merely prevents the creditor from filing suit, it does not extinguish the underlying debt.

Debts can and will remain on your "credit report" for 7 to 10 years (depending on the debt). And the debt is never actually extinguished. Debts can follow you to your grave.

So you will be writing your own letters to your creditors explaining why you think that you don't owe them any money.

I sympathize with debtors and think most collection companies are scum. But debtors such as yourself make me understand why collection companies need to be so aggressive.

Regards,

Roger Traversa

email: [email protected]

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Answered on 6/28/06, 11:15 am
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Writing to collection agencies-4 yr statue

It is better if a lawyer write the letter. Basically the letter must state that the debt is dispute and verification is requested. The Statute of Limitations is more effectively present by an attorney. Also, the attorney can request that all future contacts be with the attorney, not the debtor. If this violated penalties can be imposed upon the collector. My fee to write a letter and to handle reponses from the collector is $185. I am effective and have done this numerous times. Gerald M. Hershenson Esq.

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Answered on 6/28/06, 11:18 am


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