Easton, PA asked in Collections for Pennsylvania

Q: If I send a cease & desist letter to debt collector, on time barred debt, but do not acknowledge debt, will they sue?

A third party debt collector has obtained an old debt of around $700. This type of debt is beyond the statute of limitations in my state of PA. I am mailing a letter stating such debt is beyond SOL, thus time-barred. Also, I am requesting no further contact. Can/will this collector still (attempt) to sue? My biggest fear is restarting the debt clock.

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Collections Lawyer
  • Tallahassee, FL

A: Considering the tiny size of the old debt, it is not very likely that a debt collection company will try to enforce it--even in small claims court. Rather than say or do anything that could possibly result in reaffirmation, why not say nothing, wait to see what happens and if they do sue, raise the SOL in court, where it will be effective.

A: There may be case law in your jurisdiction the talks about debt collectors seeking to recover monies on that's that are barred by the statute of limitations. At least one case has held that attempting to collect a debt on an expired statute of limitations may be contrary to the fair debt collection practices act (FDCPA). So, YOU might have a claim against the debt collector!

See the following case: https://scholar.google.com/scholar_case?case=13756492026146601939

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