Stanley Crawford owed $2,037.99 to the HeiligMeyers furniture company on a credit account. In September 2001, LVNV

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Stanley Crawford owed $2,037.99 to the HeiligMeyers furniture company on a credit account. In September 2001, LVNV Funding LLC acquired the debt from Heilig-Meyers. The last transaction on Crawford’s account occurred on October 26, 2001. Although Crawford’s debt went unpaid, LVNV did not file suit against Crawford over it. Accordingly, under the three-year Alabama statute of limitations that governed the account, Crawford’s debt became unenforceable in October 2004. Crawford filed for Chapter 13 bankruptcy in 2008. During the bankruptcy proceeding, LVNV filed a proof of claim in an effort to collect the Heilig-Meyers debt. In response, Crawford filed a counterclaim against LVNV, alleging that LVNV’s filing of a proof of claim regarding Crawford’s time-barred debt violated the Fair Debt Collection Practice Act’s prohibition on deceptive or unfair debt collection actions. Was Crawford correct?

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Business Law The Ethical Global and E-Commerce Environment

ISBN: 978-1259917110

17th edition

Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory

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