Tag Archives: statute of limitations

A District Court judge in Delaware has dismissed a lawsuit filed by the Consumer Financial Protection Bureau that accused a student loan servicer and the debt collector it hired of engaging in deceptive collection practices, ruling that the regulator did not have the authority to file the lawsuits because it …

A District Court judge in New York has denied a defendant’s motion to dismiss a class-action lawsuit alleging it violated the Fair Debt Collection Practices Act by including statements in two collection letters indicating that the statute of limitations during which the individual could be sued for the unpaid debt …

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135, the Fair Debt Collection Improvement Act, is not yet available, …

The statute of limitations is quite the kettle of fish for companies in the accounts receivable management industry. Determining which particular statute of limitations from which state applies is usually about as straightforward as getting through a maze. When it comes to furnishing information to a credit reporting agency, it …

The Ohio legislature has passed a bill that will reduce the statutes of limitations on filing lawsuits to collect on debts to four or six years, depending on whether a written contract exists. The bill will now proceed to Gov. Mike DeWine for his signature to become law, and he …

A District Court judge in Illinois has denied a defendant’s motion to dismiss and its motion to decertify a class after it was sued for allegedly violating the Fair Debt Collection Practices Act regarding a time-barred notice in a collection letter. A copy of the ruling in the case of …

A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it would not sue the plaintiff to collect a debt for which the statute of limitations had expired instead of saying …

Debts where the statute of limitations have expired are a tricky business. Companies are reluctant to just write off the debt as uncollectible, but the labyrinth of state laws make the collection of such unpaid debts a potential minefield of legal problems. The Washington Post tries to shed some light …

The Court of Appeal for the State of California has ruled that a man who sued on an out-of-statute debt is entitled to $140,550.51 in attorney’s fees and costs after it was ruled that the collection agency used the wrong state law in attempting to collect on the debt. The …