debt collection statute of limitations

• Asset Acceptance L.L.C. v. Caszatt, (Ohio 2010)

CIVIL – class action certification; predominance and superiority; credit card debt collection; choice of law provision; statute of limitations.

• Ohio Supreme Court

• The ethical exploitation of the unrepresented consumer.

... actions brought by attorney-represented debt buyers against unrepresented debtors, to collect ddebts against which the statute of limitations has already run. The significance o...(2) More to the point, the collection actions which follow the purchase of stale debts t...

• Missouri Law Review
• Vol. 73 Nbr. 3, June 2008

• U.S. Supreme Court Faces Many Controversial Cases

(This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) With a new justice in the line-up for the first time in 11 years, the U.S. Supreme Court will begin its new term on Oct. 3.

...Can the government offset a portion of a debtor's Social Security benefits against his outstanding... for bankruptcy and argued that the collection of his student loans was time-barred by the 1982 DDebt Collection Act's ten- year statute of limitations. But the 9th Circuit disagreed. It ...

• Daily Record and the Kansas City Daily News-Press
• October 01, 2005

• 'Discovery Rule' Tolls Fair Debt Act Claim, Rules 9th Circuit

The statute of limitations on a federal lawsuit against a debt collection agency was tolled until the plaintiff first discovered that the agency may have made wrongful disclosures to her employer, the 9th Circuit has ruled in reversing a dismissal. The plaintiff sued under the Fair Debt Collections Practices Act, alleging that a debt collector had violated the Act by disclosing to her employer that she had written at least 26 checks with insufficient funds.

• Lawyers USA
• August 07, 2009

• 7 CFR 1951.111 - Salary offset.

...PART 1951: SERVICING AND COLLECTIONS. Subpart C: Offsets of Federal Payments to USDA Ag... offset.Salary offset may be used to collect debts arising from delinquent USDA Agency loans and othe... of a bankruptcy court, or the statute of limitations having expired. The Debt Collection...

• Code of Federal Regulations - Title 7: Agriculture

• Delayed Consumer Debt Suit May Violate Fair Debt Act, Rules U.S. District Court in Penn.

Suing a credit card debtor after a state's four-year statute of limitations on contract claims has expired may violate the Federal Debt Collection Practices Act, a U.S. District Court in Pennsylvania has ruled in denying the debt collector's motion for summary judgment. The debt collector was a lawyer who sued to collect on a consumer credit card debt regarding a computer the debtor bought six years earlier. He used a nationwide chart of statutes of limitation his firm researched, generated and updated regularly to manage their collection cases.

• Lawyers USA
• February 12, 2008

• Lockhart v. United States Et Al., 546 U. S. (2005)

...'s Social Security payments to offset his debt on federally reinsured student loans that were mor... that the offset was barred by the 10-year statute of limitations of the Debt Collection Act of 1982,...

• U.S. Supreme Court

• United States v. Galletti, 541 U.S. 114 (2004)

...If a tax is properly so assessed, the statute of limitations for collecting it is extended by 10... liable for the payment of the Partnership's debts. Pp. 4-9. . (a) Respondents argue that a valid a... period to apply to judicial collection actions against those persons or entities. It is c...

• U.S. Supreme Court

• Just Under the Wire

Another common area of confusion regarding statutes of limitations is the practice of collecting debts beyond the governing statute of limitations. Generally, the practice is acceptable provided the collector does not threaten suit or assert any other legal right barred by the relevant statute of limitations. The Court of Appeals for the Eighth Circuit held the statute of limitations does not eliminate the existence of a debt, rather, it merely limits the judicial remedies available. Consequently, in the absence of a threat of litigation or actual litigation, no violation of the Fair Debt Collection Practices Act (FDCPA) occurs when a debt collector attempts to collect a potentially time-barred debt that is otherwise valid. Similarly, district courts have held a debt collector did not v...

• Collector
• Vol. 72 Nbr. 12, July 2007

• 42 CFR 57.310 - Repayment and collection of nursing student loans.

... enough to justify periodic review of the debt, and neither the statute of limitations nor the 10...

• Code of Federal Regulations - Title 42: Public Health