What is the statute of limitations for credit debt in Nebraska?
I received a phone call from First National Collection Bureau regarding a debt from Sept. 1998. I don't recall having an account with the bank they mentioned. They sent me a letter stating that if I don't respond to them in writing then they would assume the debt is valid. I have no records, even credit report, that shows this debt. Should I worry about this?
- Sgt Big RedLv 71 decade agoFavorite Answer
As stated by others, the SOL for your state is 4 years for open contracts (credit cards). Send them the reply they want only use this form letter (you fill in the blanks). This should send them away. If not then you can seek civil suit against them for minimum of $1000.
But make sure that this debt is for a credit card and not for a court ordered judgment. A judgment in Nebraska has a SOL of 5 years and is renewable.
City, State, Zip
General Revenue Corporation
City, State, Zip
Re: Acct #XXXXX
To Whom It May Concern
This letter comes in response to your [letter dated xx-xx-20xx] (copy enclosed) concerning the collection of the above referenced account.
First, I want to inform you that I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and applicable State laws. Having said this, I hope to save both of us a great deal of time by informing you that I formally dispute the validity of this debt. In addition, I am aware that the time period limiting legal actions to enforce this type of debt in (insert your state or the state in which the contract was signed) has expired. Furthermore, I am aware that any attempt to bring an action in court that is time-barred may result in sanctions for filing a frivolous claim.
As of today, I consider this matter closed and demand that your agency and affiliates immediately cease and desist contact with me regarding this matter except to advise me that your debt collection efforts are being terminated. Further communication attempts of any form or substance are prohibited by the Fair Debt Collection Practices Act, 15 USC 1692a, et seq. I plan to report any such violations to my State Attorney General and the Federal Trade Commission and, if necessary, to take whatever legal action is necessary to protect myself.
Thank you for your prompt attention to this matter.
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal adviceSource(s): CHAPTER 41--CONSUMER CREDIT PROTECTION http://www.access.gpo.gov/uscode/title15/chapter41...