Zombie Debt * Zombie Debt Collectors * Old Debt * Statute of Limitations on Debt * Junk Debt Buyers

Our Sample Letters Download - an Incredible value at $24.95! Letters for every situation, credit disputes, debt settlement, tips on responding to lawsuits, debt validation - it's all here.

Letter to Collection Agency to Stop Calling on a Zombie Debt - Sample Letter 20

If a collection agency is coming after you for zombie debt, debt which is outside of the statute of limitations, here is the letter you should send them. This letter is a triple whammy - it tells the collection agency to get lost because the debt is outside of the statute of limitations, requests a cease and desist under the FDCPA and also requests an investigation under the FCRA.

Date

Your Name
Your Address
City, State Zip

Collection Agency
Collection Agency Address
City, State Zip

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.

I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:

I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.

Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activiets.

Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.

Sincerely,

Your Signature

If you would like to download a copy of this file for cutting and pasting into some other text editor, click here.

For other credit repair tips, try our credit repair kit. We have other sample letters to handle a variety of credit situations. Here is the list.