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statute of limitations not work?

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    #16
    Filing a lawsuit on a debt that is beyond the SOL is a FDCPA violation.
    Kimber v. Federal Financial Corporation, 668 F. Supp. 1480 (M.D. Ala. 1987

    This is an old case that is still cited by consumer lawyers in FDCPA cases. I'll try and find a link for you. In the meantime, you might see if your attorney has the case handy. It's a long and well thoughout decision by Judge Myron Potter.

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      #17
      Originally posted by keepmine View Post
      Filing a lawsuit on a debt that is beyond the SOL is a FDCPA violation.
      Kimber v. Federal Financial Corporation, 668 F. Supp. 1480 (M.D. Ala. 1987

      This is an old case that is still cited by consumer lawyers in FDCPA cases. I'll try and find a link for you. In the meantime, you might see if your attorney has the case handy. It's a long and well thoughout decision by Judge Myron Potter.
      But, by the time the debt expires, most CA's can't even validate them. So, unless Johnny Debtor has records it's difficult to prove. Most of the violations listed in the FDCPA seem like they're difficult to prove. Maybe that's why some of these CA's violate on a daily basis and get away with it, most of the time.

      Daisy: Most of the debts are sold in blocks, so the buyer really doesn't know what he's buying. They buy a block of X grade debts and pretty much sort them out afterwards. As far as the sellers side of it, if they don't know you filed, or sold it 2 weeks before you filed, nobody has a crystal ball. Alot of it has to do with timing. But, I agree there seems to be quite a few dirtbags out there that will go to all extremes to screw someone around.

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