About SOL debts

Posted by edoggie (68.39.234.43) on February 01, 2003 at 15:46:11:

Someone was asking about illegalities of filing suit for a time barred debt. Read:

ß 807. False or misleading representations
A debt collector may not use any false, deceptive, or
misleading representation or means in connection with
the collection of any debt. Without limiting the general
application of the foregoing, the following conduct is a
violation of this section:
(1) The false representation or implication that the
debt collector is vouched for, bonded by, or affiliated
with the United States or any State, including
the use of any badge, uniform, or facsimile thereof.
(2) The false representation ofó
(A) the character, amount, or *****legal***** status of any
debt;

Once the SOL has past on a debt it is no longer a legal debt nor can anyone ask a court to enforce any action on it. The SOL's were created mainly for to keep some nut from suing you for a 50 year old debt. Evidence becomes stale and memories fade and it's more like a protection statute for these reasons I believe.

Hope this helps. You can actually countersue a CA's for trying to pull a fast one like this however it helps your case even more if you notified them that the debt was past the SOL. They can't say "You honor we didn't know".

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