Re: Summons through P.O. Box?

Posted by Bear (12.15.122.30) on October 21, 2002 at 07:49:01:

In Reply to: Re: Summons through P.O. Box? posted by Note on October 20, 2002 at 20:15:08:

I agree with Why Chat that sending the cease and desist letter is a good idea. If they do sue you, you probably have a good claim for a FDCPA violation. There is an Eighth Circuit case discussing whether trying to collect on a stale debt, and suing on a stale debt, violates FDCPA. Just trying to collect is probably not a violation. Suing probably is.

The consumer lost because of the very short SOL for FDCPA claims -- one year from the violation.

The case is too long to print here in its entirety.

Freyermuth v. Credit Bureau Services, Inc., 248 F.3d 767 (8th Cir. 04/27/2001)

It's available (as a PDF file) on the Eighth Circuit web page at:

http://www.ca8.uscourts.gov/opndir/01/04/002661P.pdf

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