Here’s how you legally beat a debt collection action.  Note that I’m not not a lawyer, but I’ve acted like one for myself many times in court & my winning percentage is over 90% . . .

Write to the collector via USPS Priority Mail telling them you don’t owe the debt in question (keep it that simple, don’t elaborate) & that the statute of limitations on that particular debt has expired in your state (if it has) & tell them not to contact you further on this debt or you’ll turn it over to the FTC & sue them in the Federal District Court in their jurisdiction for violating the FDCPA. Keep a copy of your letter & their letter & the USPS airbill you use & print out the tracking info when delivered. Quote to them the specific statue below . . .

“Fair Debt Collection Practices Act, Section 805:

(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.”

Never agree that you owe anything or that you ever made the debt in the first place & never settle for paying anything regardless of what they say. If they sue you, use the debt statute of limitations in your state. All states have different statutory time limits, and it also depends on the debt involved. If it’s an “open” account, such as a credit card or any debt which doesn’t have a fixed payment & a fixed term, it’s 3 years in my state, and if it’s an “installment” or “contract” debt, one that has a fixed payment and a fixed term, it’s 6 years. the clock starts ticking from the time you made your last payment on it, not from when it was due or when they last billed you or last sold the debt or when they filed a lawsuit. Legally, they have a right to file a lawsuit at any time before the statute runs out, but you have to be legally served a summons for it before the statutory period runs out.

They can sue after that — heck, anybody can sue anybody for anything or make things up, but if you file your response to the court within the time period required & state that you don’t owe the money due to the statute of limitations, they will usually withdraw their case or the judge will throw it out. if you don’t respond, you will lose automatically & then they have a judgment on you & in some states, it’s good forever, and in most states, it’s good for at least 10 years & they can use it to garnish your wages or have your property sold to the highest bidder (which may be a low bid) to settle the debt & it may double or triple after lawyers fees & interest are added.

If the statute hasn’t expired and you have to present a defense, ask the court to demand they produce evidence of the debt, where it shows that you signed an agreement to take on the debt, i.e., proof of indebtedness or a promissory note. Then ask for evidence that you signed the documents in question; i.e., that it was notarized or witnessed and make them provide the witnesses. Then ask them to provide evidence that you received the money.

All of this is enough to make most collections agencies run for the border.

If the debt is on your credit report & it’s been less than 6 yrs & 9 mo, write to Experian, Equifax & Trans Union (the 2 major credit reporting agencies) requesting that they verify the debt by asking the reporting collection agency to provide evidence of the debt to prove its validity, and that they must do so within 30 days of the receipt of your letter per the FCRA.  If it’s been MORE than 6 yrs & 9 mo, simply ask the credit reporting agencies to remove the debt due to age.  If they state that the age is not that old, make them prove it by offering proof of YOUR last activity on the account.