© Bruce C. Ward November 2000
Under the federal law covering consumer debt collection, a suit against a debtor must be filed generally in the county where the debtor resides or where the contract was signed. If you send a claim to our
office and the debtor has signed a contract establishing the debt, please
send us a copy of the contract.
When a claim is sent to our office, we need enough information to determine when the statute of limitation will expire on the claim. We need to know the date of last charge or date of last payment. The statute of limitation is the legal time limit within which a lawsuit can be filed on the claim. The limit varies generally from three to five years depending on the type of claim and whether there is a written agreement. It has been held by some
courts that a debt collector cannot threaten to take or take legal action
on a claim where the statute of limitation has expired.
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