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PostPosted: Fri Jul 13, 2007 4:03 am 
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Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
It is fairly settled law that filing suit on a time-barred debt is a clear FDCPA violation. The seminal case is Kimber v. Federal Financial Corp., 668 F.Supp. 1480 (D. Ala. 1987). Also:

Stepney v. Outsourcing Solutions, 1997 WL 722972 (N.D. Ill. 1997)(debt collector’s knowing attempts to collect a time-barred debt violatesFDCPA); Martinez v. Albuquerque Collection Services, Inc., 867 F.Supp.1495 (D.N.M. 1994); Shorty v. Capital One, 90 F.Supp2d 1330 (D.N.M. 2000)(OK to collect time-barred debts as long as don’t sue on them); Spencer v. Hendersen-Webb, Inc., 1999 U.S. Dist. Lexis (D. Md. 12/17/99), (when collection agency reported a stale debt it made a false report, citing Jacron Sales, 350 A.2d 688, 698 (1976)); Simmons v. Miller, 970 F.Supp. 661 (S.D. Ind. 1997); cf. Lindbergh v. Transworld Systems, Inc., 846 F.Supp. 175 (D. Conn. 1994); Commonwealth v. Cole, 709 A.2d 994 (Penn 1998).
Almost all debt buyers will meets the definition of a "debt collector" under 1692a(6).

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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