Collection of Time-Barred Debts Held Not A Violation of Fair Debt Collection Practices Act

Written October 22, 2007 by Jay Fleischman, New York Consumer Lawyer

Larry Brewer sued Portfolio Recovery Associates in the matter of Brewer v. Portfolio Recovery Associates, 1:07CV-113-M (W.D.Ky. 2007), alleging claims under the Fair Debt Collection Practices Act. Brewer claimed that Portfolio violated the FDCPA by sending a letter requesting payment on a time-barred debt. The U.S. District Court for the Western District of Kentucky, however, thought otherwise and dismissed the case.

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