fighting a collection

[Zigner]

And one thing about that. DO NOT IGNORE THE LAWSUIT (if they sue). Don't assume that the law means it'll get tossed out automatically - it won't, because you actually have to raise the SOL as a defense. Otherwise they'll get a default judgment and that's just a royal pain in the derriere to deal with after the fact.

An excellent addition.

 

[single317dad]

And one thing about that. DO NOT IGNORE THE LAWSUIT (if they sue). Don't assume that the law means it'll get tossed out automatically - it won't, because you actually have to raise the SOL as a defense. Otherwise they'll get a default judgment and that's just a royal pain in the derriere to deal with after the fact.

Not only that, but a secondary debt collector suing, or threatening to sue, on a debt outside the SoL is illegal (assuming this debt actually is beyond the statute; I haven't researched that myself). Asserting one's FDCPA rights is an excellent way to get a JDB or CA to pound sand.

https://www.consumer.ftc.gov/articles/0117-time-barred-debts

 

[gr8one6680]

Not only that, but a secondary debt collector suing, or threatening to sue, on a debt outside the SoL is illegal (assuming this debt actually is beyond the statute; I haven't researched that myself). Asserting one's FDCPA rights is an excellent way to get a JDB or CA to pound sand.

https://www.consumer.ftc.gov/articles/0117-time-barred-debts

Thanks I will be calling tomorrow after work.