I wrote previously about debt collectors attempting to collect on debts past the statute of limitations. Apparently, I am not the only one writing about this.
Gary Nitzkin over at the Michigan Collection Law Blog recently wrote about this topic as well. Gary was writing about a specific case where a debt collector sent out its initial letter on a debt that was well past the statute of limitations. The court held that this was not a FDCPA violation. But, as Gary says in his moral of the story “you can send demand letters to collect expired debts so long as you are not demanding payment or threatening to take action to collect the debt. I still think, however, that this is risky business.”
If you are a consumer, do not be surprised to start seeing more of these letters on old debts. Do not try to pay the debt or negotiate a payment plan. Send a verification letter. And if they sue you, contact an attorney immediately. If you do not assert the statute of limitations, you may waive it.