Debt Collectors & Debt Buyers Statute of Limitations

Time-Barred Debt Response & Statute of Limitations Defense Notice

When to use it

Send when a collector attempts to collect an old debt whose applicable state statute of limitations for litigation has expired.

Preview

Bracketed fields are filled in from your account when you generate it.

[CLIENT FULL NAME] [CLIENT ADDRESS LINE1] [CLIENT CITY], [CLIENT STATE] [CLIENT ZIP] Phone: [CLIENT PHONE] Email: [CLIENT EMAIL] Date: [TODAY] [RECIPIENT NAME] [RECIPIENT ADDRESS BLOCK] RE: NOTICE OF TIME-BARRED DEBT / EXPIRED STATUTE OF LIMITATIONS (12 CFR § 1006.26) Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] Original Creditor: [ACCOUNT ORIGINAL CREDITOR] Collector Reference #: [ACCOUNT COLLECTOR REFERENCE] Dear [RECIPIENT NAME], I am writing in response to your collection communications regarding the above-referenced account. Without admitting any validity or legal liability for this alleged debt, please be advised that this alleged account is beyond the applicable statute of limitations. Under the laws of [STATE NAME], the applicable statute of limitations for judicial enforcement of consumer debt obligations is [STATE SOL YEARS] years. Based on records, the date of first delinquency on this alleged account occurred on [ACCOUNT DATE OF FIRST DELINQUENCY], which exceeds the statutory period for bringing a lawsuit. Under CFPB Regulation F, 12 CFR § 1006.26(b), a debt collector SHALL NOT bring or threaten to bring a legal action against a consumer to collect a time-barred debt. Threatening legal action, garnishment, or court proceedings on a debt where the statute of limitations has expired constitutes a deceptive and abusive collection practice under 15 U.S.C. § 1692e(5) and 15 U.S.C. § 1692f. Take formal notice that: 1. I do NOT acknowledge or admit owing this debt. 2. I will NOT make any payment on this alleged debt. 3. If you initiate a legal action or threaten suit regarding this account, I will assert the Statute of Limitations affirmative defense and seek statutory damages, actual damages, and attorney's fees under 15 U.S.C. § 1692k. I demand that you update your records, cease all legal threats, and issue statutory time-barred debt disclosures in all future communications as required by 12 CFR § 1006.26. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

12 CFR § 1006.2615 U.S.C. § 1692e15 U.S.C. § 1692f

Enclose

Copy of Collection Statement or Credit Report Excerpt

Before you send

Debt's date of first delinquency exceeds the applicable state statute of limitations (e.g., {{state.sol_years}} years).

Know this first

Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
EXPLICIT WARNING: Under 12 CFR § 1006.26, threatening or initiating suit on a time-barred debt violates the FDCPA. DO NOT ADMIT THE DEBT OR PROMISE ANY PAYMENT IN THIS LETTER, AS DOING SO MAY RESTART THE STATUTE OF LIMITATIONS IN SOME STATES.

Follow up

Allow about 30 days for a response.