- Jared Hartman, Esq.
- Posted on November 14, 2015
Semnar & Hartman, LLP have recently filed a lawsuit against a debt collector out of the McCarron, Nevada called First National Collection Bureau, Inc. for threatening an improper lawsuit against a consumer whose debt had been discharged in Chapter 7 Bankruptcy in 2006. The FDCPA prohibits a debt collector from misrepresenting the legal status of a debt and also prohibits a debt collector from threatening to take an action that cannot be legally taken. Because the credit card debt had been discharged in Bankruptcy in 2006, the debt had been completely extinguished and any legal ability for the client to be sued on the debt has also been expired by the statute of limitations due to the age of the default on the debt. When First National sent its collection letter repeatedly claiming to be offering to settle the debt and the settlement offer would be revoked if it were not accepted on their terms, then First National implicitly threatened to the client that she could be sued on the debt. Moreover, due to the Bankruptcy discharge, the debt no longer exists anyway. Consequently, a lawsuit has been recently filed against First National to remedy this abusive conduct. A copy of this lawsuit can be read by clicking HERE.
If you or a loved one have been contacted by this debt collector, please contact us immediately for a free and confidential consultation to review your rights.