Legal Question in Credit and Debt Law in Washington

collection attorneys

I have been contacted by a collection agency about an old credit card debt. I have responded that the statute of limitations has expired but they act like they did not read my response and have now sent a threat to take me to court. How else can I respond other than informing that the statute has expired?


Asked on 2/12/07, 3:18 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: collection attorneys

Well, first off you have to know that you are correct. If there was a written agreement, the statute of limitations is six years from the last communication or payment.

If there was no writing, the SOL is three years.

You responded correctly in writing to their demand - good job!

Now, they are threatening to take you to court? Well, that's a violation of the fair debt collection practices act unless they actually are an attorney licensed in Washington State.

And attorneys with licenses don't threaten, they just sue you, and they are careful not to sue on debts that are stale.

You can respond by recapping your experience in writing again - but this time, send a copy of your response to Washington's Attorney General, Consumer Protection Division. You can find them on line at access dot wa dot gov. There is an on line form, but to really make your point, write them.

The AG can revoke their license and prosecute them for violations of the FFCPA. You can, too, for that matter. A thousand dollars in small claims will get their attention.

Hope this helps. Powell

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Answered on 2/12/07, 6:48 pm


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