Re: Good info Texas/SOL, FDCPA, TCDA, etc

Posted by Why Chat (209.240.198.61) on October 06, 2003 at 22:44:04:

In Reply to: Re: Good info Texas/SOL, FDCPA, TCDA, etc posted by CAK on October 06, 2003 at 22:25:37:

To the best of my knowledge the ONLY case re FDCPA and a time-barred debt that did NOT involve an actual filing of a law suit was this one.

In Kimber v.Federal Financial Corp.(M.D.Ala.1987)668 F.Supp.1480,
the court held that it is "unfair " within the meaning of the federal statute to file a time-barred collection suit against a consumer,and that it is a deceptive act to even threaten to file such a suit.

The court found that the suit itself misrepresented the legal status of the claim by implying that the claim was lawful and that the collector would prevail.The court found that strong legal and ethical policies existed against filing suits after the statute of limitations had expired,and that the collector had no reason to believe that the statute of limitations had been tolled.These policies,the court said,were strengthened by the federal statute 's purpose to protect even unsophisticated debtors who might pay a time-barred claim rather than assert a defense.

All the rest, and there are many, involved a filed lawsuit, or an imminent threat of one.

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