Re: NJ Statute of Limitations for Debt Collection
Posted by Mike C on 3/17/08
hI Terry. Here's a copy of the letter I wrote (copied from
somewhere online). It stopped further communiocation:
To Whom It May Concern:
This letter is in response to your letter dated xxx (copy
enclosed) concerning the collection of the above referenced account.
I do not believe I owe what you say I owe therefore I dispute this
debt. This account was paid in xxx. I am well aware of my rights
under the Fair Debt Collection Practices Act (FDCPA) and New
Jersey law, so I hope to save both of us a great deal of time by
letting you know that not only do I dispute the validity of this
debt, I have also checked with the NJ Attorney General-Department
of Consumer Affairs office and verified that the statute of
limitations for enforcing this type of debt through the courts in
New Jersey has expired. Therefore, should you decide to pursue
this matter in court, I intend to inform the court of my dispute
of this debt and that the statute of limitations has expired.
This letter is your formal notification that I consider this
matter closed and demand that you, or anyone affiliated with your
company, stop contacting me regarding this or any other matter
except to advise me that your debt collection efforts are being
terminated (FDCPA- laws 95-109 and 99-361).
Additionally, according the Fair Credit Reporting Act, you legally
cannot report this account to the credit bureaus as delinquent, as
the 7 1/2 year time period has more than elapsed for reporting
this alleged debt.
Be advised that I consider any contact not in accordance with the
Fair Debt Collection Practices Act a serious violation of the law
and will immediately report any violations to the state Attorney
General’s office, to the Federal Trade Commission and, if
necessary, take whatever legal action is necessary to protect
myself. Violations of the FDCPA can result in you or your company
being personally fined up to $1,000 per incident.
Thank you.
On 3/17/08, Terry wrote:
> I am going through the same thing with my grandmother. My
> grandmother received hospital treatment in 2000. A collection
> agency advised that she is responsible for approximately 1300.
> Has the statute of limitations run out. When I asked them to
> provide me with a statement they said they couldn't because the
> hospital sold their debt. Does any one know about this?
>
>
>
>
> On 8/08/06, Roxie wrote:
>> On 8/04/06, Mike C wrote:
>>> I have a question regarding the statute of limitations for
>>> debt collection in NJ. I had a medical procedure in October
>>> 1997. I paid the doctor what I owed from the insurance by
>>> the end of that year. After that, I never received a bill
>>> from the doctor or credit collection agency- until May
>>> 2006. The collection agency states I owe money on this
>>> account (almost 1500) Hasn't the statue of limitations an
>>> out of this account? What are my options to fight this
>>> alleged debt?
>>
>> Hi Mike,
>>
>> I am currently experiencing a similar situation and I am
>> having difficulties in classifying medical debt under the
>> correct SOL. However, I just wanted to share with you that
>> your debt seems pretty old and their is a strong possibility
>> that the SOL has expired. The collection agency will make
>> an effort to receive one payment toward the debt from you,
>> which may re-start your SOL depending on your state.
>>
>> So far, I have not been confirm the authenication of this
>> information. This is the website: Be careful!! http://fair-
>> debt-collection.com/statue-limitations-explained.html