How to Request a Copy of a Bill Being Collected & the Statute of Limitations

If you are being contacted by a collection agency for an inaccurate or past due bill that you are unaware of, you may need to gain further proof of the validity of the bill, as well as the statute of limitations. Since past-due bills from the original creditor can be sold and resold to multiple collection agencies, it is possible to forget if the bill is valid. The statute of limitations is something you must access and will determine if the agency can legally collect on the debt.

Instructions

Bill being collected.

1

Send a validation letter to the collection agency that is handling your bill. When a collection agency receives your account, they send you a letter requesting you to verify the validity of the debt within 30 days. Attempt to send a validation letter within 30 days. The validation letter should reference the Fair Debt Collection Act, stating the collection agency is required to provide proof of the bill's validity. Give the collection agency a time frame (14 to 30 days) to have this information submitted to you.

2

Send a validation letter via certified mail so you can receive a return receipt. Certified mail can be sent through the US Postal Service, and when the letter is sent to collection agencies, someone physically must sign for the letter and the sign signature card is then returned to you. The signed receipt card is a way for you to have a date that the letter was sent and received.

3

Wait for the collection agency to respond within the time frame you specified. If they do not respond within the time frame, you can submit another letter telling them they can no longer collect on the debt since they did not provide proof in the specified amount of time (send this letter to the three credit bureaus).

Statute of limitations

4

Locate the statute of limitations for the current state you reside. The current statute of limitations for your state can be found at your attorney general's website. The Fair Debt Collection Practices Act website may also have links to the statute of limitations in various states.

5

Look for the statute of limitations on debt based on the type of agreement the collection agency is collecting on. For example, if you reside in California, if an oral agreement was made to pay a debt, the statute of limitations is only two years. However, if it is a written agreement, the statute of limitations is four years.

6

Use the statute of limitations to know how to handle the bill collector. If they no longer can collect on the debt, you can send a cease-and-desist letter (send certified mail), which informs the collection agency to cease all contact with you.