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  1. #1
    Join Date
    Feb 2007
    Posts
    13

    Default Statute of Limitations Law and the FDCPA

    Can anyone tell me exactly where in the Fair Debt Collection Practices Act it talks about the statute of limitations for sueing on debt?

    I am scheduled to appear in court tomorrow and would like to have my ducks in a row with exactly what chapter of the Act it states this in.

  2. #2
    Join Date
    Feb 2007
    Posts
    13

    Default I need help quick!!!

    I am due in court tomorrow and I am preparing my defense on a SoL case.

    Can anyone tell me where in the FDCPA does it talk about the SoL?

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: I need help quick!!!

    Quote Quoting msmad
    View Post
    I am due in court tomorrow and I am preparing my defense on a SoL case.

    Can anyone tell me where in the FDCPA does it talk about the SoL?
    Google.

    It is your friend.

  4. #4
    Join Date
    Feb 2007
    Posts
    13

    Default Re: I need help quick!!!

    I did google but I have not been able to identify exactly where it talks about the SoL. I don't know if I just can't understand the language or if I'm overlooking it.

  5. #5
    panther10758 Guest

    Default Re: I need help quick!!!

    Your search may not give you the SOL because its likely it varies by state. Contact an Attorney a simple phone call might give you your answer

  6. #6
    Join Date
    Feb 2007
    Posts
    13

    Default Re: I need help quick!!!

    I actually have the statute of limitation for my state. I am specifically looking for the section in the FDCPA that states a debtor can't sue you after the SoL has expired.

    I just really want to make sure my ducks are all in a row.

  7. #7
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: I need help quick!!!

    it's not stated that way, but it says that they can't misrepresent the character, amount, or legal status of a debt, and suing if they know it's past SOL is misrepresenting to you that it isn't beyond the SOL.

    and just in case you don't already know this, the FDCPA is not a defense to the collection suit. SOL is.

    the FDCPA gives you grounds for a counter-suit.

    good luck

  8. #8
    Join Date
    Feb 2007
    Posts
    13

    Default Re: Statute of Limitations Law and the FDCPA

    Well the lawyer representing the debt collector didn't show up for court yesterday. I had sent them a registered letter explaining that I was asking for the case to be dismissed based on the fact that the SoL had run out. The judge came in and I presented the state codes showing the sol and she got a copy of my credit report showing when the debt had been charged off and a copy of my receipt for the registered letter. She told me I would receive a letter with her decision.

    I'm not quite sure what to say or expect. I guess I was under the impression that I would know yesterday in court what the outcome of the case was. Is this normal? What do you think my chances are that the case will be dismissed?

    I also want to thank each of you that responded to my request! It helped me tremendously.

  9. #9

    Default Re: Statute of Limitations Law and the FDCPA

    Yes, this is normal. The judge should dismiss, especially since the other party did not show. Sending them a letter regarding the SOL didn't hurt but what you should have done was prepared a motion for dismissal based on the SOL, filed it with the court, and then served them with the motion.

  10. #10
    Join Date
    Feb 2007
    Posts
    13

    Default Re: Statute of Limitations Law and the FDCPA

    I forgot to mention that I did file the motion with the court also that was one of the reasons the judge asked for the receipt for the registered letter for proof I had sent the letter.

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