Legal Question in Credit and Debt Law in Iowa
Collection Agency Filing Small Claim Suit
I was turned over to a collection agency by a furniture store stating I never paid for the furniture per the contract. I sent them the documentation I did not owe this debt. Today I got served small claim court papers. I'm not worried about winning since I know I have proper documentation, but I am filing a counter suit for wrongfully suing me. I have two questions. 1) Is there a statue of limitation that applies for them suing me. I found Iowa code 614 but not sure it applies? 2) What FDCPA laws have they violated, if any, by continuing to pursue me after I provided documentation it was not a valid debt. (note: as validation of the debt, they sent me a copy of the purchase order only. I supplied them copies of my credit reports and the front copies and bank statement showing the checks cleared as proof the debt is paid)
1 Answer from Attorneys
Re: Collection Agency Filing Small Claim Suit
With the information you provide, I would say the statute of limitations period is ten years from the date of the last transaction on the account.
With regard to the FDCPA claim, it depends on what they did after you provided proof that the debt was paid. If all they did was sue you, then I don't believe there is a FDCPA violation, since there is an exception for litigation in the course of collection activities.
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