Know Your Rights Before You Speak to a Debt Collector
If you’re dealing with old debt, you may be wondering whether simply speaking with a debt collector could restart the statute of limitations—the time limit creditors have to sue you for a debt. At Consumer Rights Law Firm PLLC, we help consumers understand their rights and avoid costly mistakes that could lead to unexpected lawsuits.
Will Speaking to a Debt Collector Restart the Statute of Limitations?
No, merely speaking to a debt collector does not automatically restart the statute of limitations. However, certain actions you take during the conversation could restart the clock, allowing the creditor to sue you for the debt.
What Actions Can Restart the Statute of Limitations?
The statute of limitations varies by state and depends on the type of debt. However, it can reset if you:
- Make a Payment – Even a small payment, including a partial payment, can restart the clock and extend the time a creditor has to sue you.
- Acknowledge the Debt in Writing – If you send a written statement confirming that you owe the debt, it can restart the statute of limitations.
- Agree to a Payment Plan – If you agree to a new repayment arrangement, the creditor may use that agreement to extend their legal right to sue you.
- Make a Promise to Pay – Simply stating that you intend to pay, even over the phone, may be used as an acknowledgment and could reset the timeline, depending on state laws.
What Doesn’t Restart the Statute of Limitations?
- Simply receiving a call or letter from a debt collector.
- Checking your credit report to review the status of the debt.
- Disputing the debt or requesting debt validation in writing.
- Ignoring the collector (though this could have other consequences).
Why This Matters
If the statute of limitations has expired, the debt is considered “time-barred,” which means the collector cannot legally sue you to collect. However, if you restart the clock, you could give them a new opportunity to file a lawsuit against you.
What You Should Do If a Debt Collector Contacts You
Do Not Acknowledge the Debt Until You Have Legal Advice – Before discussing the debt, confirm the statute of limitations in your state.
Request Debt Validation – Under the Fair Debt Collection Practices Act (FDCPA), you have the right to request verification of the debt.
Know Your State Laws – Every state has different statutes of limitations on debt, ranging from 3 to 10 years or more.
Consult with a Debt Defense Attorney – If you’re unsure of how to proceed, our team at Consumer Rights Law Firm PLLC can help. We’ll assess your situation and guide you on the best course of action.
Get Legal Protection Now
If a debt collector has contacted you, don’t take any action that could restart the statute of limitations without consulting an attorney first. Our experienced legal team can help protect your rights and prevent costly mistakes.
Call us today at +1 877-700-5790
Email us at help@consumerlawfirmcenter.com
Visit us online at www.consumerlawfirmcenter.com
Know your rights. Stay protected. Let us fight for you!