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Having you been harassed, threatened or sued by Unifund CCR for a credit card debt that is more than 3 years old? Unifund is a “buyer of distressed debt” from lenders and credit card companies. Not only are those debts, in many instances, “distressed”, but legally uncollectible.

There is state and federal legislation that prohibits anyone from engaging in “unfair” debt collection practices. Practices that are considered “unfair” include attempts to collect a debt where the statute of limitations (time to sue) may have expired. However, Unifund’s practices in collecting debts from consumers is the subject matter of much criticism, and now, litigation.

If you receive coorespondence from Unifund, or some other company that indicates that it “purchased” your debt to someone else, there are a couple of things that you can do to protect yourself. First, request, in writing, a copy of any agreement or other written instrument under which they contend that money is owed. Typically, consumers do not actually have a “written agreement’ with a credit card company, and the existence of that agreement will likely determine how long the credit card company has to bring an action to collect. Second, ask them to provide you with the date of the last payment that was made. If that was more than three (3) years ago, any threatened legal action may be barred by the statute of limitations (only an attorney will be able to tell you that for sure). Third, if you are served with a lawsuit, CONSULT AN ATTORNEY IMMEDIATELY. If you do not timely respond to the Complaint, they will obtain a judgment against you, which is most instances is enforceable for an additional ten (10) years.

The law protects the vigilant; be vigilant.

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