Legal Question in Credit and Debt Law in Michigan

Fair Debt Collection Practice Act

I have an orginal debit trying to collect a 12 year old debit. I feel his methods he is using is in violation of the FDCPA. This is what he had said to me in an email ''We are not covered by the FDCPA. We are not a 3rd party collection agency. 3rd parties are governed by the FDCPA. We are Rome Finance, Inc. Check your source of information regarding the FDCPA.

I have collected for over 20 years and know the law very well.

You still owe this debt and we will do what we have to do to get it collected. ''

Is his statment correct? What are my rights under the FDCPA.


Asked on 12/09/08, 9:16 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Fair Debt Collection Practice Act

Original debtors are not covered by the FDCPA, I believe. More importantly, it is a 12 year old debt, which the statute of limitations ran 6 years ago. They will never sue over it. If they do, contact me at www.kliszlaw.com. Tim Klisz

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Answered on 12/09/08, 9:49 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Fair Debt Collection Practice Act

If it is the original creditor the FDCPA does not apply, however, if the debt is 12 years old and there is no judgment against you, then the debt is older than the statute of limitations. If you have further questions, please feel free to contact me.

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Answered on 12/10/08, 7:18 pm


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