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)


Asked on 4/29/04, 9:47 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

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.

By the very nature of Law Guru, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position.

A lawyer�s time and advice are his stock and trade.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. Abraham Lincoln

Read more
Answered on 4/30/04, 8:28 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Iowa