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Zombie Debt

The document provides a template letter that consumers can send to collection agencies to stop collection attempts on "zombie debt", which is debt that is outside the statute of limitations. The letter requests that the agency cease collection activities and remove the debt from the consumer's credit report, as pursuing time-barred debt violates both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It informs the agency that non-compliance could result in lawsuits, fines up to $1,000 per violation payable to the consumer, and notification of regulatory agencies.

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2K views2 pages

Zombie Debt

The document provides a template letter that consumers can send to collection agencies to stop collection attempts on "zombie debt", which is debt that is outside the statute of limitations. The letter requests that the agency cease collection activities and remove the debt from the consumer's credit report, as pursuing time-barred debt violates both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It informs the agency that non-compliance could result in lawsuits, fines up to $1,000 per violation payable to the consumer, and notification of regulatory agencies.

Uploaded by

proverbs1024
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Zombie Debt - Zombie Debt Collectors, Old Debt, Statute of

Limitations on Debt

Letter to Collection Agency to Stop Calling on a Zombie Debt
If a collection agency is coming after you for zombie debt, debt which is outside of the statute of
limitations, here is the letter you should send them. This letter is a triple whammy - it tells the
collection agency to get lost because the debt is outside of the statute of limitations, requests a cease and
desist under the FDCPA and also requests an investigation under the FCRA.


Date

Your
Address
Charlotte, North Carolina 28227

Collection Agency
Collection Agency Address
City, State and zip code

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt.
According to the information given to us by your firm, the date of last activity by the original creditor was
(date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your
state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you
are conducting collection activities on zombie debt.

I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I
would like to point out that your firm has violated provisions of the FDCPA by implying that the legal
status of the debt is collectible by reporting the alleged debt to the credit bureaus.

The exact statute:

[15USC1692e]
(2) The false representation of --
(A) the legal status of the alleged debt
and
(B) any services rendered or compensation which may be lawfully received by any debt collector for the
collection of a debt.

I am also doubtful that you would have adequate documentation to prove in court that you have the right
to report this negative information on my credit report, and therefore you are in violation of the Fair Credit
Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully
entitled to report this information by requesting an investigation.

Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide
adequate validation of this alleged debt or notification that you are ceasing collections activities.

Please remove this account immediately from my credit report or I will have to take legal remedies which
may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff
will agree that non-compliance with this request could put your company in serious legal trouble with the
FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a
$1,000 fine, payable to me.




Sincerely,


Luisa Poindexter

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