If a debt collector is suing you to collect on a debt that is past the statute of limitations, here are some tips on how to respond:
– Check the statute of limitations for debt collection in your state – this sets a time limit on how long a collector has to sue to recover debts.
– If the debt is time-barred, respond to the lawsuit by filing an Answer stating the affirmative defense that the statute of limitations has expired. Provide evidence like dates of last payment.
– Include copies of any cease and desist letters you previously sent to the collector requesting they stop contacting you about the old debt.
– Send the collector a debt validation letter requesting proof the debt is valid and legally enforceable. Many may drop a lawsuit once challenged.
– If they continue the lawsuit, represent yourself in court and argue the expiration of the statute of limitations makes the debt obsolete and uncollectable through legal means.
– Bring copies of your evidence and any records you have related to the debt like payment history. Also bring debt collection laws for your state.
– Consider consulting a consumer debt attorney for legal representation and to explore if the collector violated laws by suing on an expired debt. You may counter sue.
– Make sure to respond to any court summons and show up to hearings. If you don’t, the collector may be granted a default judgment against you.
– If the court rules the debt is too old, the case should be dismissed and the debt becomes permanently uncollectable through legal means.
Don’t ignore a legal summons even if you believe the statute of limitations has clearly passed. Take action and make your case to prevent an improper judgment.