Re: When is a goodtime to play hard ball? Capital One

Posted by observer (152.163.252.134) on December 24, 2003 at 13:11:27:

In Reply to: Re: When is a goodtime to play hard ball? Capital One posted by sunkissedbeach on December 24, 2003 at 12:25:20:

You're really off base here Sunkissed beach.
Not only can you get an SOL lawsuit dismissed but, you can file your on counter claim for an FDCPA violation. There is Federal case law that says filing a timebared lawsuit is, an FDCPA violation. It's a slamdunk if you place the creditor on notice that the SOL has run. The bonofide error defense will not be available.

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