	AllExperts > Collections Law
	Search

About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Collections Law

Collections Law - Collections Law

Expert: Regan Shinski - 11/8/2009

Question
Dear Regan,

I ignored a number of collection letters from an agency. They filed a lawsuit against me. The day I received the summons, I called and agreed to make payments. Ignorant of the legal process, I thought there was nothing more I needed to do and they would drop the lawsuit. They obtained a judgment against me because I didn't answer the lawsuit.

I found out later the statute of limitations had run out on the debt.

I filed a notice to vacate the judgment and have a hearing next week. I realize I might have reset the clock, but am i protected at all by the fact that they filed the lawsuit after the statute of limitations?

Is this a violation of the FDCRA?

Thank you.

Answer
Hi Jacqueline:

Resetting the clock depends on the state you are in. In these states the statute of limitations (SOL) is only extended by a new WRITTEN agreement: Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virginia, Wisconsin.

Other states the SOL can be extended or tolled (paused) by partial payments.

In your case, you want to get this dismissed with prejudice (allowed in certain courts and jurisdictions) although it will likely just be vacated. I think you will win. If you reset the clock and it is now still within the SOL, I think they may try and refile.

Filing the lawsuit beyond the SOL is not a violation of the FDCPA in itself. Using unfair or deceptive means to collect the debt is. These violations usually occur through verbal statements or incorrect written documents sent by the creditor. If the only thing you have is them filing the case beyond the SOL, you would not win a FDCPA case.

Good luck. Glad you seem to be on the right track with this :)

Regan
mbscompany@aim.com

Add to this Answer Ask a Question