Modify as necessary
[Subscriber]
[Address]
[City state ZIP]
[Collector]
[Address]
[City State ZIP]
[Phone number]
[Date] Certified Mail No.: _____________
Re ; inquiry dated ____: your file # _____
Greetings:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.
The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.
Include the following underlined paragraphs for credit card accounts
Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account.
The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226).
The Regulation has effect and force of federal law.
Open-end Credit Transactions:
Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts.
Typical features:
Creditors reasonably expect the consumer to make repeated transactions.
Creditors may impose finance charges on the unpaid balance.
As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer
Under my State of ________Code #__________
the subject account has a _________ year limit for filing any legal action for collection.
Check your State in the individual State listings to see if it is a "cause of action"(date of first default) or "last item"( date of last mutual activity) State. Use the CORRECT "starting" date for your State
The starting date of this statute of limitations being the( date of first default) (date of the last mutual activity), with the ORIGINAL CREDITOR of the subject account.
Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.
This notification is formal notice to you that any filing of such action by you, or your representitives or assigns, is therefore time-barred.
Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.
807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of-
(A) the character, amount, or legal status of any debt; or
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
This notification to you is of applicable legal statutes,codes and laws.Other Federal and State laws may apply.
Under the laws of my State,(statute # if available) continued collection activities, including reporting,verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.
I also reserve the right to forward a copy of this letter,and any other pertinent material to the _____(CA lawyer's State) Bar Association.
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.
Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns
Best regards,
[Subscriber]print or type name
Message Edited by Lady_Scarlet on
01-19-2008 11:20 AM
