Summary
In Kentucky, the statute of limitations for suing over a written contract is five years. A debt charged off in February 2019 would be time-barred for legal action in 2025. Debt collectors must adhere to the Fair Debt Collection Practices Act, which prohibits harassment and requires adherence to communication rules. Consulting a legal expert is recommended for personalized advice.Full Conversation
Is it against the Fair Debt Collection Practices Act, * U.S.C. ยง * et seq., to sue for a second mortgage that was charged off in *?
Hi ****,
To determine if suing for a second mortgage charged off in * violates the Fair Debt Collection Practices Act (FDCPA), I need to understand:
- Have you received any communication from the debt collector after the charge-off?
- Do you know if the debt collector is adhering to Kentucky's statute of limitations for debt collection?
This information will help provide more specific guidance.
Yes
Thanks for the information, ****.
Here are a few points regarding the Fair Debt Collection Practices Act (FDCPA) related to your situation:
- **Communication Rules**: Debt collectors must follow specific rules when contacting you. They cannot harass, oppress, or abuse you.
- **Time-Barred Debt**: Debt collectors in Kentucky typically have five years to sue for written contracts. If the debt is older, it may be time-barred.
- **Charge-Off**: A charge-off does not eliminate the debt; it means the lender has written it off as a loss.
For more precise advice, you may want to consult with a legal expert.
If the debt was charged-off in February of *, is it time-barred to sue?
Hi ****,
In Kentucky, the statute of limitations for suing over a written contract is five years. Since your debt was charged off in February *, it is not time-barred yet. The creditor may still have until February * to sue.
For more precise advice, consulting a legal expert is recommended.
But it is *?
Hi ****,
I apologize for the oversight. If it is *, the statute of limitations for suing over a written contract in Kentucky (five years) has passed for a debt charged off in February *. Therefore, it is likely time-barred for the creditor to sue.
For more precise advice, consulting a legal expert is recommended.
Gotcha...
Hi ****,
I'm glad I could help clarify that for you. If you have any more questions or need further assistance regarding your situation, please feel free to ask. I'm here to help!