Collection of a time barred debt

"attorney" Enormis Dingleberry claims

that "While being time-barred can be both an affirmative and absolute defense should a lawsuit be filed on the debt, it is not against the law for a collection agency to continue collection efforts."

Well then, is it or is it not against the law for a collection agency to continue collection efforts on a time barred debt? Let us see what FDCPA has to say about that.

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

If a debt is legally uncollectable then it is clearly not permitted by law. Additionally, while it may not be illegal to file a lawsuit on a time barred debt doing so does constitute the filing of a frivolous lawsuit and is actionable in many states.

As usual, the criminal known as "Uncle Normie" stretches things to the breaking point and beyond in order to make himself look good and to attempt to make a fool out of me.

The important point to remember is that like most of his arguments it makes no real difference whether a law has or has not been broken or not for the simple reason that no thinking individual would go file a lawsuit on them for attempting to collect on a time barred debt anyway.

The way to deal with such situations is to simply send them a cease & desist letter and let them take whatever action they deem appropriate. If that be filing a lawsuit then that is easily shot down by filing the proper answer to the court.

So the entire argument he makes is nothing more than enormis tomfoolery.