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That Debt's Too Old!
You Asked For It:
Ben's Simple Non-Enforceable Debt Letter
 
 
Forget the threats: If that debt's too old, there's no negotiating necessary.  Just fire off this letter and tell the bottom feeders where to stuff it!  Only use this form of letter when you're sure the debt is way past the "enforceability" period...defined [rule of thumb, always consult with an attorney] as 4-6 years from the date of last payment/date of last charge on the account.
 
This period varies from state to state; don't write to Ben asking for his help...you've gotta get off your butt and do a little work here, kids.  Call a lawyer, or legal aid in your city/town/state and get the scoop from them.  Ask them specifically: "What's the period of enforceability on a defaulted debt?"
 
Remember...this generally works.  Exceptions?  Student loans, child support, taxes and fraud are the biggies.  It's strongly urged that you get a copy of Life After Debt [it's immediately available on-line by clicking here] if you want all of the facts and scoop on how the reporting laws directly affect you.
 
And also worth noting: Anybody can sue you anytime for anything.  Even if the debt is past the enforceability period and they sue you, you're still gonna need to file and answer, which means hiring an attorney to cover your rear.  The attorney would then ask the court to dismiss the case because it is not an enforceable debt, but if you let it go unanswered, they can still beat you with a default judgment because you failed to contest their lawsuit.  As always...get sound legal counsel from an attorney qualified and authorized to practice in your state.
 
 
[Your Name]
[Your Address]
[Your City/State/Zip Code]

Via Certified Mail, Return Receipt Requested # [Insert Certified Mail Receipt Number here]

[Insert today's date]
 
[Insert name of Collection Agent]
[Insert Name of Collection Agency]
[Insert Collection Agency Address]
[Insert Collection Agency City/State/Zip]

REF: Your Account #  [Insert the account number they're referencing]

Dear [Insert-choose one: Mr./Ms.] [Last Name]:

The collection action referenced by the account number above is not an enforceable action.
As you will be able to verify after completing your due diligence, the date of last activity/charge off on this account is [Insert date of last activity or last payment; if unavailable, estimate month and year].
Not only has this debt has long passed the enforceability period; it has also long ago passed the 7-year reportability period (as defined in the Fair Credit Reporting Act) with any credit bureau in the United States.

As a result, I consider this matter closed and trust you will reflect the same in your files. If you have any questions or comments regarding this account, please contact me, in writing, at once.

Thank you for your prompt attention to this matter.

Sincerely,

[ Sign your name here]
 
[Insert your name here]

 

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