The statute of limitations has passed for the creditor to collect the debt. The creditor filed the case in the wrong court or failed to produce adequate documentation. Talk with a law firm willing to provide you a free consultation prior to retaining them. This way, they can give you an ...
Educating consumers on personal debt and related matters. The average American family holds over $8k in debt. Learn how to manage your debt.
Unfortunately, the BAPCPA Act did very little to live up to the consumer protection aspect of the bill’s title.BAPCPA made it much more difficult for debtors to file for Chapter 7 bankruptcy. It created several other obstacles for people struggling under enormous financial debt. Regardless of ...
The Ethical Exploitation of the Unrepresented Consumerunrepresentedstatute of limitationsaffirmative defensedebtI. INTRODUCTION The scales of justice suggest a fairness in the law--an implied warranty,...doi:http://dx.doi.org/Victoria J. Haneman...
tors from attempting to collect these debts from unwary consumers.5Often in the past when a consumer sued on one of these debts was astute enough to raise the statute of limitations as a defense,6 the debt col- lector simply dismissed the case and slinked away moving on to the next ...
See ourlist of collection companiesthat may have violated the law and see our page onstatute of limitations on debt collection. Learn more in theNewsroom. Background Check Errors We also help consumers that have been denied employment because of abackground check mistakesthat causes damages. ...
The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In… Sixth Circuit Confirms No FDCPA Violation for Debt Collection Within the Statute of Limitations By Rachel...
Suing you for an old debt Debt collectors can legally attempt to collect debt that is outside the statute of limitations. They cannot, however, sue you for a debt that is outside the statute of limitations. If they sue, or threaten to sue you when the debt is outside the statute of ...
but their mortgage agreements did not mention such fees.The Southern District of Florida held that Ocwen was acting as a debt collector when it charged the fees, that the fees were incidental to the principal obligation, and that they were not permitted by law nor authorized by the debt agree...
debt at issue. Creditors frequently secure default judgments for the wrong amount of money, for debt that has already been paid or discharged in court, and for debt on which the statute of limitations has already expired – default judgments ...