I've confirmed this with 4 different attorneys and it has been upheld in several cases across the country. If a collection agency attempts to come after you with a time-barred debt (passed the SOL) it IS a violation of the FDCRA : § 807. False or misleading representations [15 USC 1962e] (2) The false representation of -- (A) the character, amount, or **legal** status of any debt; or The debt is no longer LEGAL past the SOL. So legally they cannot come after you for it. Don't argue with me... reasearch the cases like I did. It's another tool in the box for us. and you can sue them in Civil court for violations Feel free to read an example case in Pennsylvania: http://dpg-law.com/opinions/pa-cmwlth/9803/3630-fisher.html here's a breif summary if you don't want to read through it all: The Commonwealth further argued before the trial court that Dr. Cole's continued efforts in prosecuting and bringing time-barred cases violated the Law. In support of its position, the Commonwealth cited Kimber v. Federal Financial Corp., 668 F.Supp. 1480 (M.D. Ala. 1987), which involved violations of Sections 1692(e) and (f) of the Federal Debt Collection Practices Act, 15 U.S.C. §§1692-1692o, the federal version of Pennsylvania's Law.11 In Kimber, the defendant debt collector brought actions against approximately 200 consumers in an effort to collect debts clearly barred by the applicable statute of limitation. The court found that the defendant had violated the federal act in attempting to collect debts obviously time-barred. The court stated that: These statutes [of limitations] ... 'afford[] plaintiffs what the legislature deems a reasonable time to present their claims,' while at the same time 'protect[ing] defendants and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses, fading memories, disappearance of documents, or otherwise.'
And did any of these attorneys offer to represent you? I don't mean to sound picky, but there is no FDCRA, it's still the FDCPA. Gib
You are making your own assumption of what "legal status" means. No where does it say anything about the statute of limitations in the FDCPA (not FDCRA). In some states, it is illegal to attempt to collect debts past the sol, but that is in a minority of states.
LKH, Do you know if there is a list? I'd need to know about Ohio. Gawd don't make me read all this Ohio Sh1t too. LOL
Start reading. LOL, Sorry, I know of no lists. Try a search here under sol. This subject came up maybe a week or two ago and someone may have posted something on that. I just don't remember off the top of my head.
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=241264#post241264 Let's make a list, fave Butch growling dude: Vermont Wisconsin Actually it's not that cut and dry. It depends on the actions of the CA and sometimes intent. Cases that could have been won on the expiration of the SOL were lost because the CA didn't know. The key word, that edoggie doesn't want to read, is misleading. There was a case that was lost too, because the CA was silent -- the court didn't consider that to be misleading. and knowing, if you advise them of the SOL, then they know, that's why a cease and desist would work. Sassy
I was hearing the music above, Dave, waiting and waiting for you to come and type that. LOL LOL Sassy
