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Re: CAMCO collection Letter- 1992 Debt


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Posted by Bear (12.15.123.196) on October 10, 2002 at 02:46:30:

In Reply to: CAMCO collection Letter- 1992 Debt posted by mary in california on October 01, 2002 at 18:19:32:

A creditor can sue on a debt for which the hhSOL has expired. In most states, SOL is an "affirmative defense" that would have to be raised by the defendant. That's the bad news.

The good news is that a bill collector is probably violating FDCPA by dunning for a stale debt. Just because a creditor can sue, that doesn't mean the bill collector can dun. That's because an unsophisticated consumer getting a dunning letter is likely to be misled. If the consumer is actually sued, he's more likely to take action and find out his rights -- including claiming SOL.

Most creditors won't bother to sue on a stale debt. Any lawyer worth his salt will immediately raise that defense for his client, wasting the creditor's efforts.


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