Statute of Limitations Defense to Debt Collection? Not So Fast

In May 2006 a debt collector sued an Oregon consumer–in Oregon–for a credit card debt. The consumer had made her last payment in November 2001 before she defaulted. The credit card agreement said that New Hampshire law would apply to the agreement. In New Hampshire, the statute of limitations for an action on a credit card is three years. So the consumer has a statute of limitations defense to the 2006 lawsuit, right? Wrong, according to today’s opinion by the Ninth Circuit Court of Appeals in Avery v. First Resolution Management Corp. New Hampshire law also provides that the statute...


Debt Collectors Specializing in Deceaseds’ Debts

Most of the time, survivors are not liable for the debts of their deceased relatives. If Uncle Waldo dies and leaves a $10,000 credit card debt, Niece Lauren is not obligated to pay it. The usual exception is when Uncle Waldo has assets, his estate is probated, and the credit card company makes a timely claim against the estate assets. But the New York Times reports that several debt collection companies, including Minneapolis-based DCM Services, are specializing in collecting deceased people’s debts, despite that usually there is no obligation to pay them. According to the article, collecting on the debts...


Capital One Settles With Identity Theft Victim

Capital One Bank and the credit reporting agencies (Equifax, Experian and TransUnion) recently settled with our client who was the victim of identity theft. It took years for the identity theft victim to get Capital One to stop trying to collect on the account it opened for an imposter. The story began when Capital One sent a pre-approved credit card application to our client at her former college apartment. Someone in the building got the application from the mail and used it to get a VISA card from Capital One in our client’s name. The imposter took $500 from the...


Rickenbacker Collections and Experian Victimize Consumers

Debt collector Rickenbacker Collections, Morgan Hill, California, collects debts for auto towing companies. Nothing wrong with that except Rickenbacker sometimes targets persons who do not owe the debt. When that happens and the person protests, Rickenbacker does not go away. Instead, at least in some cases Rickenbacker’s debt collectors keep harassing the innocent individuals. Once Rickenbacker thinks it has the debtor’s identity, it obtains a copy of the person’s credit report from Experian which it has no right to do without there having been a debtor-creditor relationship. The Experian report gives Rickenbacker information on where he lives and how to...

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