Search results
Results from the WOW.Com Content Network
This is because of the statute of limitations on debt. However, the terms of these laws vary, by state and by type of debt. For example, federal student loan debt is not covered by the statute of ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
For example, if you miss a payment on a debt with a five-year statute of limitations on July 1, 2024, then after July 1, 2029, the statute of limitations will have passed. This technically means ...
The outstanding debt may be subject to interest rates as high as 12% in Washington state or 15% in California. In Florida, collection fees may be assessed up to 40% of the total value of the amount owed, and in 1994, Arizona added a "felony surcharge" amounting to 83% of the original amount of debt imposed by courts.
The Fair Debt Collection Practices Act would charge up to $1,000 for every violation of its provision, which is an example of statutory damages. Treble damages is a type of statutory damages in which the amount of compensatory damages awarded to a plaintiff can be tripled given the warranty of a statute. [8]
U.S. state laws on fair debt collection generally fall into two categories: laws which require persons who are collecting debts from consumers to be licensed, registered or bonded in order to collect from consumers in their states, and laws that protect consumers from specific unfair practices by debt collectors, which may include collection agencies and sometimes original creditors. [2]
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
For premium support please call: 800-290-4726 more ways to reach us