phoneczar

Crap 1 / Northland

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C1 and Northland are attempting to collect on a debt past SOL. DV / SOL / FOAD letter has been sent to Northland. We have been sued 2x for this and both times dismissed w/o prejudice. Can they both demand payment or is there FDCPA or Rosenthal violations happening?

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They can attempt to collect on an out of statute debt... but once you send a C&D they may contact you 1 last time to inform you what they plan to do...but it does not preclude them from sending/selling it to another CA or JDB.

Cap1 may have violated Rosenthal (if you're in Calif), and for that, you'll have to file suit against them in state court.

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