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Secondly, the court’s decision does not address the contents of the proof of claim or the conduct of the debtcollector. Instead, the Fourth Circuit’s opinion appears to focus solely on whether or not the statute of limitations extinguished the debt. Keys to the Decision. The opinion is important for a number of reasons. .
Johnson in the Lower Courts Aleida Johnson filed her Chapter13bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003.
Section 1692g(a) of the FDCPA mandates the sending of a “validation” notice within five days of a debtcollector’s initial communication with a consumer. A debtcollector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. In Scott v.
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