Mega Contributor
RobertEG
Posts: 17,793
Registered: ‎03-19-2007
Re: SOL on Payday Loans in TX

Bringing legal action by a debt collector when they can be shown to have had actual knowledge that the SOL had expired has been considered, in case law, as a seperate violation of the FDCPA prohibition against taking legal action that is knowlingly unenforceable.

It is based on case law interpretation of the federal FDCPA, after first showing actual expiration of the state SOL, that they had prior knowledge of that fact when bringing legal action.

 

Not to overemphasize the legalities, as it rarely occurs that one can go to court with proof that a debt collector had actual knowledge that the SOL had expired, and nonetheless commenced legal action.  If you have proof that will withstand challenge in court, it is a legitimate counter-complaint that can be raised, possibly resulting in total judgement for the defendant.  But that is a burden that requires proof of their knowledge.  A tough one.....