Federal debt collection laws, known as the Fair Debt Collection Practices Act (FDCPA for short), regulates the conduct of debt collectors attempting to collect debts on behalf of others or on their own behalf in the name of another.
Among the abusive debt collection practices that have developed is the practice of threatening to sue or actually suing consumers for debts which are beyond the statue of limitations.
A statue of limitations is a law that bars claims after the passage of a certain period of time. The period of time varies depending on the jurisdiction and the type of claim. For debt collection cases, the statue of limitations is usually six years from the day the debt – or payment on an open-ended account – was due. A debt which is too old to enforce is referred to as being “time barredâ€.
Threatening to sue and suing consumers on a time barred debt is a violation of the FDCPA.
The Law Offices of Robert J. Nahoum represents consumers who have been sued on time barred debts In appropriate cases, we sue debt collectors and debt collection law firms in Federal District Court for violations of the FDCPA. Because the FDCPA is fee shifting (meaning that the debt collector pays our legal fees), we don’t charge our FDCPA clients a penny out of pocket.
If you have questions, concerns, or legal needs regarding the attempted collection of a time barred debt, we urge you to contact The Law Offices of Robert J. Nahoum, P.C. today by calling 845-232-0202.