Washington Notice of Violation of Fair Debt Act - Creditor Misrepresented Himself
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How to fill out Notice Of Violation Of Fair Debt Act - Creditor Misrepresented Himself?
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FAQ
The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
Debt collection agencies may take you to court on behalf of a creditor if they have been unable to contact you in their attempts to recover a debt. Before being threatened by court action, the debt collection agency must have first sent you a warning letter.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Many lenders view a past due account that has been paid off more favorably than an account that is still outstanding, so paying off an account that is in default can be beneficial. Once the account reaches the end of that seven-year time period, it will be automatically removed from your credit report.
Civil judgments have a life span provided by state law. In Washington, a judgment lasts for 10 years and can be renewed at the end of that period. Therefore once you have a judgment entered against you it can last a long time and incur a large amount of interest.
In Washington, the statute of limitations on debt collection lawsuits is six years after the date of default or last payment on the debt account. Once a debt is past the statute of limitations, debt collectors can still attempt to collect on these debts, but they cannot file a collection lawsuit.
If you're sure the debt isn't yours, you don't need to worry about clearing it, but you can get it removed from your credit file if it's recorded there. You can raise any issues with the credit reference agencies, and tell anyone chasing for these debts to update their records.
In California, you can't be sued for consumer debt older than four years. But making even a partial payment can restart the debt clock. Some businesses and debt collectors may want you to think your financial obligations will trouble you forever unless you come across with some cash.
Debt collection agencies must follow the same rules as the original lender, which means they have the same legal rights. As such, this means they do not have any extra powers. If you do not make payments, then they are able to take you to court to register a CCJ against you which will order you to make payments.
