Indiana Debt Collector Accused of Violating FDCPA Statute of Limitations

An Indiana woman has filed an FDCPA statute of limitations lawsuit against a debt collection agency claiming that their attempts to collect a debt was beyond Indiana’s statute of limitations. Moreover, she claims they continued to harass her after she requested not to be contacted any longer.

Plaintiff Dawn L. of Indiana is filing this FDCPA statute of limitations lawsuit against Eagle Accounts Groups, Inc. She has filed this lawsuit raising one count of violation of the federal Fair Debt Collection Practices Act.

In her FDCPA statute of limitations lawsuit, she claims that she did have a debt and that that debt was purchased by Eagle Accounts, a debt purchaser and collection agency. Her lawsuit explains that her debt went into default, at which time it was transferred to Eagle for collections. She says that she is disputing the validity of the debt.

Dawn says she asked Eagle Accounts repeatedly to cease communicating with her about the debt, yet they refused. At this time, she was forced to retain legal representation in Indiana.

Bankruptcy and Debt Collection

Unfortunately, according to her FDCPA statute of limitations lawsuit, Dawn was forced to file bankruptcy under Chapter 13. In her bankruptcy petition, Eagle Accounts is listed as a creditor. The Bankruptcy Noticing Center sent Eagle Accounts a notice with information that Dawn had filed Chapter 13 bankruptcy.

If bankruptcy happens, creditors should cease contacting alleged debt holders. Dawn’s bankruptcy filing and notice of bankruptcy occurred, according to the FDCPA statute of limitations lawsuit, in 2017. However, in 2018, Eagle Accounts allegedly contacted Dawn in an attempt to collect that same debt.

She claims the company called her on July 9, 2018, and has continued to contact her via her cell phone in order to collect the debt. This FDCPA statute of limitations lawsuit alleges that the company continued to try to collect the debt outside of the confines and restrictions of the bankruptcy case.

Additionally, Dawn alleges that Eagle Accounts attempted to collect the debt when it was past the Indiana debt collection statue of limitations. In Indiana, the FDCPA statute of limitations is six years past the time a payment was last made. She claims that Eagle Accounts “failed to inform [Dawn] that this debt was beyond the statute of limitations and that she could not be sued for this debt.”

Also, they did not tell her that if she did make a payment, it could restart the timeline on the Indiana FDCPA statute of limitations.

 Fair Debt Collection Practices

Under the FDCPA, the Fair Debt Collection Practices Act, those attempting to collect on a debt must adhere to certain federal guidelines. They may not send confusing letters, communicate with third parties about the debt, make threats, harass, add fees or collection charges to the debt, call too often, make robo-calls or collect on debts that are past the statute of limitations.

The FDCPA statute of limitations for collecting on old debts vary between states. Dawn believes that Eagle Accounts acted in an unlawful way under the Indiana FDCPA statute of limitations.

This FDCPA Statute of Limitations Lawsuit is Case No. 1:18-cv-02232-JMS-DML, filed in the United States District Court for the Southern District of Indiana, Indianapolis Division.

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.