Quote Quoting johnb123
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Connecticut Statute of Limitations : 6 years An open-ended account is an account that has a varying, revolving balance. A credit card is an example of an open-ended account.....also: The statute of limitations begins on the first day you miss a debt payment, and it typically lasts between four and six years. To find out the statute of limitations on your past-due debts, speak to a consumer law attorney in your state or contact your state attorney general’s office. A debt collector is legally entitled to collect a debt after the statute of limitations has run out on it; however, the debt collector is breaking the law if he sues you over the debt or threatens to sue you....correction it appears to be 6 years, not 3.
That was an odd, somewhat incoherent ramble. If the statute of limitations is six years, it's not "between four and size years" and it's "not 3". Four is less than six.
Quote Quoting johnb123
They still have to prove they own the debt, NOT you. Send them a letter asking for validation of the debt.
We don't need to go through this in every thread, do we? You have thirty days from the initial FDCPA-compliant notice from the debt collector to request validation. Once the thirty days are up, you can request validation and you may well get it - but past the 30 day deadline the request does not stop collection proceedings.
Quote Quoting Dogmatique
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The collector is breaking the law by suing?
We went through that with John, as well. A violation of the FDCPA can create a cause of action on the part of the debtor, but it's not a defense to a lawsuit.
Quote Quoting johnb123
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Midland is a third party debt collector.... The last thing they want to do is to sue.
And yet, as you've been told, they're suing.
Quote Quoting johnb123
Do a little research on what is required for debt validation.
What makes you think she knows less than you? Given your apparent level of knowledge about debt collection, the odds of that seem slim.
Quote Quoting johnb123
Remember, if you pay them anything, they can take your money and resell the debt to another debt collector.
The actual rule is not that simple:
Quote Quoting Cadle Co. v. Errato, 71 Conn. App. 447, 456, 802 A.2d 887, cert. denied, 262 Conn. 918, 812 A.2d 861 (2002).
"The Statute of Limitations creates a defense to an action. It does not erase the debt. Hence, the defense can be lost by an unequivocal acknowledgment of the debt, such as a new promise, an unqualified recognition of the debt, or a payment on account.... Whether partial payment constitutes unequivocal acknowledgment of the whole debt from which an unconditional promise to pay can be implied thereby tolling the statute of limitations is a question for the trier of fact.... As with other questions of fact, unless the determination by the trial court is clearly erroneous, it must stand." (Citations omitted; internal quotation marks omitted.) Zapolsky v. Sacks, 191 Conn. 194, 198, 464 A.2d 30 (1983).
However, this matter was reviewed by a Connecticut lawyer and the lawsuit has been deemed timely filed.
Quote Quoting johnb123
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If you never recieved any notice that you owed a debt and the summons and complaint is the first paperwork you've ever gotten from the collection agency, you still have your 30-day window of time in which to ask the debt collector to validate the debt – but your validation request does not constitute an answer to the summons.
John, it's great that you found a webpage to paraphrase for us, and your provision of broad rules rather than finding out the facts so you can provide information specific to the OP's problem is... duly noted, but if you go back and read you will find that the debtor has already spoken with a lawyer about her rights.