harrassment
Date: Wed, 10/19/2011 - 12:21
Submitted by lori_165@yahoo.com
on
Wed, 10/19/2011 - 12:21
Total Replies: 5
Is the attorney located in your state? That is a good indicatio
Is the attorney located in your state? That is a good indication if they are serious about pursing you.
When you say harrass, what do you mean? Is the debt they're
When you say harrass, what do you mean?
Is the debt they're trying to collect on legit? Do you owe it? Have you requested debt validation or exercised any of your other rights under the FDCPA?
How old is the debt Lori? Has it passed the SOL period? If the S
How old is the debt Lori? Has it passed the SOL period? If the SOL period has expired, then they won't be able to take legal action against you. Ask them to validate the debt in writing.
Quote:If the SOL period has expired, then they won't be able to
Quote:
If the SOL period has expired, then they won't be able to take legal action against you. |
Sure they can take legal action. It is up to the debtor to use the defense that the debt is out of SOL if they are sued.
Cease communications come in two flavors. You can invoke a lim
Cease communications come in two flavors.
You can invoke a limited cease communication bar by sending a timely DV request. That invokes an automatic cease communication bar until such time as the debt collector has sent you validation of the debt.
The recommended first step, as it also places a request for debt validation upon them.
An unlimited and unconditional cease communication bar can be invoked at any time by sending them a letter under FDCPA 805(c).
Has the new debt collector sent you separate dunning notice? If not, a DV to them at any time would still be timely.
As for the ability of a debt collector to bring legal action after the SOL has expired, there are numerous federal case law precedents holding that if a debt collector brings legal action once they have actual knowledge that the SOL has expired, that is a violation of FDCPA 807. The seminal case is [COLOR=black] Kimber v. Federal Financial Corp,. 668 F. Supp. 1480; 1987 (U.S. Dist MD Ala).[/COLOR]