Suing On a Time Barred Debt Violates the FDCPA
- May 11, 2016
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By: Robert J. Nahoum
You have been sued by a debt collector on a very old debt. In fact, the debt is so old; the lawsuit is barred by the statue of limitations. You may be asking yourself, can the debt collector do this?
The answer is no!
Federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA for short), regulates the collection of consumer debts by third party debt collectors like debt collection law-firms. The FDCPA generally prohibits the use of false, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up to $1,000.00, actual damages (like pain and suffering) and the debt collector may have to pay for the consumer’s attorney.
Among the conduct the FDCPA prohibits is the suing on a debt that is beyond the statue of limitations. In fact, not only is suing on a time barred debt prohibited by the FDCPA, even threatening to sue on a timer barred debt is a violation.
The way one court explained it “time-barred lawsuits are […] unjust and unfair as a matter of public policy”. Kimber v. Fed. Fin. Corp., 668 F. Supp. 1480, 1488 (M.D. Ala. 1987).
WHAT YOU SHOULD DO:
The FDCPA gives consumers the power to turn the tables on the debt collector. If a debt collector sued you on a timer barred debt, call an experienced consumer attorney to see if you have a case. If you do, you can sue the debt collector for statutory damages up to $1,000.00, actual damages (like pain and suffering) and best of all, the debt collector may have to pay for your legal fees. This means an FDCPA case should not cost you a penny out of pocket.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C