Debt Statute of
Limitations
What Bill Collectors Don’t
Want You To Know About DSOL
Debt Statute of Limitations Could Be Your Route To
Debt Relief
If you could read minds and read the minds of bill collectors,
you’d quickly find out three things. Number one, they are
hoping and praying you don’t know your legal rights granted to
you by the Fair Debt Collection
Practices Act. Number two; they are hoping and praying you
don’t know the rights afforded to you by your local and state
laws by way of the debt
statute of limitations. And finally, number three, in their
eyes, ignorance is bliss and they are going to blitz you with
every violation of the aforementioned laws until you cave in or
have a nervous breakdown.
What is The Fair debt Collection Practices Act
(FDCPA)?
It is a law that enacted by our legislators to protect citizens
from the brazen harassment and haranguing of high-octane
debt collection agencies. Prior to this act,
debt collectors could harass debtors without impunity. They
could call all hours of the day and night. Come by your house.
Threaten you. Inform your employer, family and friends about
your delinquent debts and otherwise make your life
miserable.
Debt Collectors Will Violate Your Rights If You
Allow Them
Once the Fair debt Collection Practices Act was enacted and the
word began to filter down, things slowly began to change.
Consumers started suing overzealous debt collectors and
winning. But even so, debt collection companies realized that
the average citizen still isn’t aware of their rights and so
they continue violating provisions of the Fair Debt Collection
Practices Act. If you are in debt and have been contacted by a
debt collector, you need to put the brakes on and read the
act and find out what your rights are.
How The Debt Statute of
Limitations Came Into Being
After the FDCPA was enacted, individual states started crafting
their own laws regarding debt. One of the provisions each state
affords its citizens is a debt statute of limitations. In a
nutshell this law means that virtually every debt has an
expiration date. Meaning that once it reaches that date, it is
NO LONGER enforceable. No matter what a debt collector tells
you or threatens you with; that debt can’t be enforced! They
cannot LEGALLY sue you. The exceptions are Federal Student
Loans, certain back taxes and in some states delinquent child
support may not have an expiration date. To be certain do your
homework and research.
You Have To Put Your Foot Down When It Comes To Debt
Collectors You need to get this fact drilled into
your mine; just because a debtor has the Fair debt Collection
Practices Act and a debt statue of limitations on their side,
that doesn’t mean debt collectors are going to automatically
cease in their attempts to hound you and harass you. That’s why
it is critically important that you first learn your rights
under the FDCPA. Secondly, go find out your states
debt statute of limitations. Some states such as
Pennsylvania have a four-year statute, whereas New Hampshire
has a three-year statute and Missouri has a ten-year
statute.
Should You Pay a Debt That Has Past
The Debt Statute of
Limitations?
It is crucially important that you do not pay toward a debt
that is past the debt statute of limitations. The moment you
do, you essentially reaffirm that debt and the clock restarts
from that moment on. For example, lets say that you have a
student loan debt that has reached the debt statute of
limitations and there’s nothing any debt collector can do about
it. But you go and make a partial payment.
At that moment, its just like you signed for that delinquent
loan all over again. If you want to pay such a loan, wait until
you have all the monies in your hand and then negotiate a
settlement and get in writing. Otherwise, don’t do anything. If
it’s past the debt statute of limitations, just let it roll of
into the ocean of forgetfulness.
Joel Marks has been helping people get
out of debt and avoid both bankruptcy and foreclosure for over
fifteen years. Utilizing savvy debt counseling, debt management
programs, Federal laws and a team of attorneys, debt
counselors and advisors, he has quietly assisted thousands come
from under the heavy burden debt.
For more information on this topic or any other issue
related to getting out of debt, living debt free, debt
management, debt relief, the Fair
Debt Collection Practices Act and stopping debt
collectors in their tracks, please visit www.DebtErasure.com
Source: http://debterasure.com/
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