Elyod2210 Posted March 23, 2012 Report Share Posted March 23, 2012 The backstory.Sued by Norfolk Financial in October of 2008. In their notice of trial, small claims, they listed Nov. 19, 2005 as the date of delinquency. When it came to court, the case was dismissed even though they had sued me in the wrong venue. They filed a motion for change of venue and that motion was dismissed. I still have all the paperwork from the case too. Now, March 2012, I get a letter on a lawyers letterhead, the same lawyer the used in the first case, stating my options for payment before listing the standard "This is an attempt to collect a debt...". I know the SOL has run out, 6 years in MA, so do I have grounds for an FDCPA claim? I was thinking 807(2)(10) and 809(. Any help or ideas would be greatly appreciated. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 Asking, key word asking, for you to pay a debt that is time barred is not a violation. Link to comment Share on other sites More sharing options...
Elyod2210 Posted March 23, 2012 Author Report Share Posted March 23, 2012 That is why I posted my question. It just seems deceptive to me to send someone a letter asking them to pay money when legally they can not collect said debt anyways. I would think the average consumer would think they owe money. So should I ignore them or send them a C/D letter? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 Personally, I'm doing everything in the world to solict a lawsuit. RockDaddy has a thread going where he has the perfect letter trying to solict more contact. Getting contacted or sued on a debt that is out of statute is a dream come true. Now if your idea of fun is a little different, then yes a C&D will do the trick. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 I would think the average consumer would think they owe money.That's because, unless there is another dispute or other reason other than being past the staute of limitations, they owe the money. The debt being out of staute just means you have an affirmative defense to get the case dismissed if sued. There are only two states where the debt being out of statue also extinguishes the debt. Link to comment Share on other sites More sharing options...
Elyod2210 Posted March 23, 2012 Author Report Share Posted March 23, 2012 Thanks for the help. My initial reaction was to send a dv to see if they responded and eventually tried to sue. Now I will just take a more direct approach. Link to comment Share on other sites More sharing options...
rambler Posted March 23, 2012 Report Share Posted March 23, 2012 That is why I posted my question. It just seems deceptive to me to send someone a letter asking them to pay money when legally they can not collect said debt anyways. I would think the average consumer would think they owe money. So should I ignore them or send them a C/D letter?Legally they can collect the debt. Legally you still owe the debt. The ONLY thing SOL means is if they sue you for the debt, it is an affirmative defense and you can have it dismissed. A CA agency can ask you to pay a debt from 50 years ago and have violated no laws. SOL and reporting periods do not somehow erase the debt or forgive you of it, they just offer you protection in law suits and in the case of reporting periods a chance to remove negative items to give you a "fresh start" per say. Link to comment Share on other sites More sharing options...
legaleagle Posted March 23, 2012 Report Share Posted March 23, 2012 Coltfan, how about this? The mini miranda. "This is an attempt to collect a debt...". That's pretty clear, they are pursuing continuing collections on a debt that has been adjudicated by the court twice as dead meat zombie debt. They are supposed to know better, the unsophisticated consumer does not. These idiot lawyers hope you'll be too stupid to know the SOL is dead. They sue you anyway. Anybody who gets a letter like this would assume that it is what it says it is, an attempt to collect a debt. It doesn't say "pretty please, this is DEAD, BUT GIVE US THE MONEY ANYWAY BECAUSE WE KNOW YOU'RE TOO STUPID TO FIGURE OUT THIS IS ILLEGAL." Sorry, capslock got stuck. Link to comment Share on other sites More sharing options...
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