West Virginia Cease and Desist for Debt Collectors
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How to fill out West Virginia Cease And Desist For Debt Collectors?
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FAQ
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.
Include your contact information and send this letter via certified mail with a return receipt requested so that you know if and when the creditor receives your letter. Once the debt collector receives a cease and desist letter, it must stop all further contact unless the law permits otherwise.
Dear debt collector: Pursuant to my rights under the state and federal fair debt collection laws, I hereby request that you immediately cease all calls to your phone number in relation to the account of wrong person's full name. This is the wrong number to contact that person.
In this sense, West Virginia is a creditor-friendly state, as collectors have 10 full years to file a lawsuit. Trying to wait out a debt until the statute of limitations expires is never a sound debt relief strategy, but this is particularly true in West Virginia.
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. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.
In California, the statute of limitations on most debts is four years. With some limited exceptions, creditors and debt buyers can't sue to collect debt that is more than four years old. When the debt is based on a verbal agreement, that time is reduced to two years.
This letter should be addressed and directed at one creditor only. You'll have to write one for each of the creditors that you want to stop calling you. Sending a cease and desist letter isn't a solution to your problem; it's merely a solution to receiving annoying phone calls.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides a mechanism for you to stop debt collectors from contacting you. You can do this by sending a Cease and Desist Letter. Federal law allows you to communicate with debt collectors to tell them that you want them to stop contacting you.
