Wednesday, April 19, 2006

How to Handle Bill Collectors on the Phone When the SOL Has Passed

How to Handle Bill Collectors on the Phone When the SOL Has Passed

When you fail to pay a debt, bill collectors have the right to contact you to request payment. In many cases, these creditors are persistent and call you frequently in an attempt to collect on the debt. However, in each state, there is a statute of limitations, or SOL, after which the bill collector can no longer collect on the debt. This SOL begins from the date of your last payment. While a bill collector has no right to collect the debt from you any longer, you can put a stop to the phone calls.

Instructions

    1

    Tell the bill collector that the SOL has passed on the debt and demand the company stop contacting you. The caller should make a note in the computer system to stop calling you concerning this debt.

    2

    Ask to speak to a supervisor if the calls continue. In some cases, the caller either cannot make a note on your account or simply does not do it. A supervisor is more likely to honor your request if you have already tried to stop the calls through the initial caller.

    3

    Send a cease and desist letter to the company demanding that all contact be stopped because the SOL has passed. Mail it as a certified letter with return receipt so you are notified that it was received. Keep a copy for your own records, in case it gets lost or the company claims the letter wasn't received. This process can take a couple of weeks, so you may still receive a few calls during that time.

    4

    Prepare for court if the company sues you. Hire an attorney if you can afford to, because he knows the way the court system works in these cases. If you cannot afford one, though, appear in court with documentation to show when you last paid on the bill. Let the judge know that the SOL has passed on this bill. If the judge agrees with you based on the evidence, the case is dismissed.

0 comments:

Post a Comment