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Most people, given the opportunity, want to pay their bills. Some unscrupulous businesses, however, have committed themselves to abusing consumers. Rather than working with consumers to reduce debt, these unscrupulous businesses take advantage of anyone that deals with them. Federal and state law protects consumers from these businesses.

Wednesday, September 21, 2011

Time Limits on Debt Collection Lawsuits

A Statute of Limitations is essentially a deadline which limits the amount of time people have to bring a lawsuit under a particular law. Many, if not all laws have some sort of deadline like this and the Fair Debt Collection Practices Act is no exception.
When it comes to harassing or abusive debt collection, the FDCPA provides that lawsuits to enforce any portion of the Act must be brought within one year from the “date on which the violation occurs.” Depending on the particular facts, caselaw has some different interpretations of which “date” a violation of the FDCPA is said to actually.

However, the important thing to remember is that time is not limited. In order to protect their rights, consumers should be aware that deadlines do exist for bringing actions based on harassing or abusive debt collection, just as they do for many other legal violations. -Meredith Phillips (205) 912-8244

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