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Debt Collection And The Statute Of Limitations

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Posted by Mallory McGuinness-Hickey | Posted in personal finance | Posted on 27-02-2010



Many people are made very aware that they have a debt that is being pursued by a collections agency, yet few know exactly how long collection agencies can go after that debt. Debt Collectors are guided by what is called the Statute of Limitations.

After a certain length of time creditors can no longer collect from those in debt. The length of the Statute of Limitations varies. Important factors include what state the debt has been incurred in, the type of debt, if there is a signed contract or not among many other factors.

One example is the state of New Hampshire. Time allotted there to collect a debt is 3 years. If it was a domestic judgment, the Statute of Limitations is as high as 20 years; on a foreign one it is also 20 years. For goods the Statute of Limitations is four years unless there is a written and signed contract, then it is three years.

Debtors who do not believe that they owe the money, could fight the creditors claim by actually withholding information such as invoices or balances due and request proof demonstrating the validity of the debt.At this point, collection agencies should present backup documentation to support their claim.

To find out about the length of the Statute of Limitations, consult a legal adviser in your own state. While there are many collections agencies out there that use un-reputable practices, there is also a number of legitimate agencies who are willing to help out. Agencies such as Rapid Recovery Solution are always willing to help out. For more information, consult rapidrecoverysolution.com. In this trying time of economic hardship don’t be bullied by illegal tactics by illegitimate collection agencies. There are laws out there to protect debtors and everyone should know their rights.

Mallory is a representative for a Debt Collection agency.

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