Time Barred: Brink v. First Credit

This folder examines collection of time-barred debts, the concept of moral obligations, as opposed to judicially enforceable debts, and whether the FDCPA is implicated.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Time Barred: Brink v. First Credit

Post by David A. Szwak »

In Harry W. Brink v. First Credit Resources, 185 F.R.D. 567, 1999 U.S.Dist.Lexis 15121 [U.S.D.C. Ariz. 1999], the court certified a class action against the defendant for precisely the conduct alleged by Deaville. The Brink plaintiff filed his suit under the FDCPA as defendant used false representation and deceptive means to collect or attempt to collect a debt, it improperly attempted to collect a time-barred debt, the mailing were false communications, and the mailings failed to contain required debt collection warnings.
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