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Debt collectors have a certain number of years they can sue you and win to collect a debt. It's called the statute of limitations and it usually begins when you fail to make a payment on a debt. In South Dakota, the statute of limitations is six years.
A debt collector must stop all collection activity on a debt if you send them a written dispute about the debt, generally within 30 days after your initial communication with them. Collection activities can restart, though, after the debt collector sends verification responding to the dispute.
If you choose not to verify your identity by providing information, like your Social Security number, the debt collector will generally ask you for another form of identification, including: Account number for the debt in question, if you know it. Other contact information, such as your current or previous address.
To take legal action to collect a debt, the creditor (the person or company owed money) files a lawsuit against the debtor (the person who owes the money). Once a debt collection lawsuit is filed with the court, the creditor must give the debtor notice of the lawsuit (service).
An effective debt collection letter should include all of the following: The total amount the client owes you. The original date the balance was due. Instructions detailing how to make the overdue payment.
It's generally easier for first-party creditors to prove you owe a debt. They simply produce the original credit agreement that shows your name and identifying information, like your address and Social Security number.
The FDCPA also provides, for example, that debt collectors may not harass or annoy debtors, may not threaten debtors with arrest, and may not threaten legal action unless litigation actually is being contemplated.
Evidence of debt means a writing that evidences a promise to pay or a right to the payment of a monetary obligation, such as a promissory note, bond, negotiable instrument, a loan, credit, or similar agreement, or a monetary judgment entered by a court of competent jurisdiction.