I will post the link and the inner link of the small report. I will do some homework or maybe someone else can try it also. This could be really important with the influx of CAMCO and RMA the bottom feeders calling tons of people now from their recently bought SOL debts.
Are you asking a question? Ar you asking if it is legal for someone to attempt to collect a debt that is past the SOL? Yes it is legal. If can be very profitible if you find some idiot who doesn't know their rights and won't defend themselves. Not only is it legal to attempt to collect. It is also legal to sue. Just cause the debt is past the SOL does not mean a creditor can't try to sue for it. A debtor with an old debt will always have to remain vigilant against bottom feeders.
I just read a case that was brought before the northern illinois u.s. district court and someone sued a CA for sending a dunning letter past the SOL as being deceptive and the court ruled in their favor. I got off the phone a couple hours ago from the RMA legal guy and he said it was illegal to file a judgement against someone for a SOL debt. go figure.
http://legalsurvival.com/topics/NewsletterLAS/3.1debt.htm Collection of an old debt violates FDCPA. A debtor had a $1,200 outstanding balance on a credit card account that she had not used in 13 years. The collection agency bought the debt and sent her a letter stating: "This is an opportunity to resolve your account with no further collection action be taken against you". The debtor sued under the Fair Debt Collection Practices Act (FDCPA) claiming that the debt was time-barred because the statute of limitations is only ten years. The debtor claimed deceptive practices in violation of the FDCPA, premised on the debt collector's knowing attempts to collect time-barred debts. The dispositive fact is that a debt collector could not legally prevail on such a lawsuit and for the debt collector to represent otherwise is fraudulent. The collection agency attempted to distinguish its letter--which did not mention a lawsuit--from the letters at issue in earlier cases where collection agencies had either threatened to sue or actually sued on a time-barred debt. But the court refused to draw that distinction. (U.S. District Court for the Northern District of Illinois) Do you have a link to the case? Sassy
I have been trying to locate it but not having any luck. I will try again when I get a bit more time.
Kimber v. Federal Financial Corp., 668 F. Supp. 1480 (M.D. Ala. 1987) In Kimber, a debt collector attempted to collect a debt which was barred by the statute of limitations. The district court held that "a debt collector's filing of a lawsuit on a debt that appears to be time-barred, without the debt collector having first determined after a reasonable inquiry that that limitations period has been or should be tolled, is an unfair and unconscionable means of collecting the debt." I'm going to bed, happened upon this while reading something else. I'll see if I can find the case tomorrow. Sassy
Are you asking if it is legal for someone to attempt to collect a debt that is past the SOL? Yes it is legal. If can be very profitable if you find some idiot who doesn't know their rights and won't defend themselves. Not only is it legal to attempt to collect. It is also legal to sue. Just cause the debt is past the SOL does not mean a creditor can't try to sue for it. A debtor with an old debt will always have to remain vigilant against bottom feeders. +++++++++++++++++++++++ It's way past time for a procedural change on this. Such as you can sue but if it turns out debt was past sol you get automatically nailed for filing a frivolous suit. LB 59
Could you disclose the name and # of the legal guy at RMA. Do you have his email or fax# as well? Would appreciate it, if you have it. Thanks Sirrowan
