Zombie Debt — Remove Old Zombie Debt
Written by: Kristy Welsh
Send this zombie debt letter to collection agency.
If a collection agency is coming after you for debt that is outside of the statute of limitations, it is called Zombie Debt. This letter is a triple whammy - not only does it tell the collection agency to get lost because the debt is outside of the statute of limitations, but is also requests a cease and desist under the FDCPA and also requests an investigation under the FCRA.
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Collection Agency Address
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:
[15 USC 1692e]
(2) The false representation of --
(A) the legal status of the alleged debt
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
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 activities.
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.