Complaint Review: Unifund CCR Partners

Any COMPETENT and ETHICAL lawyer will never knowingly file a lawsuit on a past SOL account.

Doing so would open that person/firm up to a costly suit for the damages incurred by the defendant of the frivolous lawsuit.

You can even sue debt collectors who cost you money going after a past SOL account. This is because they have no legal right to collect on a past SOL account.

Although there is no criminal law against them doing so in any state that I know of, there may be a civil penalty.

Don't confuse civil and criminal wrongdoing.

""Once a debt has past the statute of limatations
Unifund or any collection agency cannot legally sue for payment. ""

Incorrect. They can sue. The question is whether they will WIN. Many junk debt buyers file lawsuits with the hope that the debtor will not respond-hense they win a default judgment. An expired SOL is an affirmative defense against a lawsuit if the SOL has expired, but the courts will not affirm this defense for you. The defendant MUST respond to the summons and AFFIRM an expired SOL defense.

I have heard that 2 states do NOT allow a lawsuit if the SOL is expired but I have not confirmed this. Further, the SOL is NOT an issue in this report. The SOL is 3 years and it appears that they filed the lawsuit before the SOL expired.

""All the debtor has to do is prove that is beyond on the statute of limitations for thier state. It varies from state to state so they have to check.
The debtor must show in court if the agency chooses to sue. ""

Incorrect agains. All the debtor must do is AFFIRM that the SOL is expired. Then the plaintiff MUST PROVE that the SOL is NOT expired.

""yes the debt is still owed - however there comes a point when there is no legal means to collect. Its best to pay it and be done.""

This comment is not applicable to this report. I don't understand why you're bringing up the SOL. The SOL was clearly NOT expired when the plaintiff filed the lawsuit.

""try the Federal trade commission website for more information""

Moot at this point. The OP was SERVED-a lawsuit was filed. The OP has an attorney and should follow the advice of his/her attorney.

""Once a debt has past the statute of limatations
Unifund or any collection agency cannot legally sue for payment. ""

Incorrect. They can sue. The question is whether they will WIN. Many junk debt buyers file lawsuits with the hope that the debtor will not respond-hense they win a default judgment. An expired SOL is an affirmative defense against a lawsuit if the SOL has expired, but the courts will not affirm this defense for you. The defendant MUST respond to the summons and AFFIRM an expired SOL defense.

I have heard that 2 states do NOT allow a lawsuit if the SOL is expired but I have not confirmed this. Further, the SOL is NOT an issue in this report. The SOL is 3 years and it appears that they filed the lawsuit before the SOL expired.

""All the debtor has to do is prove that is beyond on the statute of limitations for thier state. It varies from state to state so they have to check.
The debtor must show in court if the agency chooses to sue. ""

Incorrect agains. All the debtor must do is AFFIRM that the SOL is expired. Then the plaintiff MUST PROVE that the SOL is NOT expired.

""yes the debt is still owed - however there comes a point when there is no legal means to collect. Its best to pay it and be done.""

This comment is not applicable to this report. I don't understand why you're bringing up the SOL. The SOL was clearly NOT expired when the plaintiff filed the lawsuit.

""try the Federal trade commission website for more information""

Moot at this point. The OP was SERVED-a lawsuit was filed. The OP has an attorney and should follow the advice of his/her attorney.

""Once a debt has past the statute of limatations
Unifund or any collection agency cannot legally sue for payment. ""

Incorrect. They can sue. The question is whether they will WIN. Many junk debt buyers file lawsuits with the hope that the debtor will not respond-hense they win a default judgment. An expired SOL is an affirmative defense against a lawsuit if the SOL has expired, but the courts will not affirm this defense for you. The defendant MUST respond to the summons and AFFIRM an expired SOL defense.

I have heard that 2 states do NOT allow a lawsuit if the SOL is expired but I have not confirmed this. Further, the SOL is NOT an issue in this report. The SOL is 3 years and it appears that they filed the lawsuit before the SOL expired.

""All the debtor has to do is prove that is beyond on the statute of limitations for thier state. It varies from state to state so they have to check.
The debtor must show in court if the agency chooses to sue. ""

Incorrect agains. All the debtor must do is AFFIRM that the SOL is expired. Then the plaintiff MUST PROVE that the SOL is NOT expired.

""yes the debt is still owed - however there comes a point when there is no legal means to collect. Its best to pay it and be done.""

This comment is not applicable to this report. I don't understand why you're bringing up the SOL. The SOL was clearly NOT expired when the plaintiff filed the lawsuit.

""try the Federal trade commission website for more information""

Moot at this point. The OP was SERVED-a lawsuit was filed. The OP has an attorney and should follow the advice of his/her attorney.

""Once a debt has past the statute of limatations
Unifund or any collection agency cannot legally sue for payment. ""

Incorrect. They can sue. The question is whether they will WIN. Many junk debt buyers file lawsuits with the hope that the debtor will not respond-hense they win a default judgment. An expired SOL is an affirmative defense against a lawsuit if the SOL has expired, but the courts will not affirm this defense for you. The defendant MUST respond to the summons and AFFIRM an expired SOL defense.

I have heard that 2 states do NOT allow a lawsuit if the SOL is expired but I have not confirmed this. Further, the SOL is NOT an issue in this report. The SOL is 3 years and it appears that they filed the lawsuit before the SOL expired.

""All the debtor has to do is prove that is beyond on the statute of limitations for thier state. It varies from state to state so they have to check.
The debtor must show in court if the agency chooses to sue. ""

Incorrect agains. All the debtor must do is AFFIRM that the SOL is expired. Then the plaintiff MUST PROVE that the SOL is NOT expired.

""yes the debt is still owed - however there comes a point when there is no legal means to collect. Its best to pay it and be done.""

This comment is not applicable to this report. I don't understand why you're bringing up the SOL. The SOL was clearly NOT expired when the plaintiff filed the lawsuit.

""try the Federal trade commission website for more information""

Moot at this point. The OP was SERVED-a lawsuit was filed. The OP has an attorney and should follow the advice of his/her attorney.

Unifund or any collection agency cannot legally sue for payment.

All the debtor has to do is prove that is beyond on the statute of limitations for thier state. It varies from state to state so they have to check.
The debtor must show in court if the agency chooses to sue.


yes the debt is still owed - however there comes a point when there is no legal means to collect. Its best to pay it and be done.

Collection agencies purchase old debts for pennies and then try to collect. And these old debts are likely to be the ones where you get the worst treatment and threats from the agencies on- which are illegal.

its not over either - once a collection agency determines they cannot collect - they sell the debt to another agency and it starts all over again. It can be sold over and over again, so it never really goes away at all.

Keep in mind that even you make good on the debt - it may be sold again and again.

try the Federal trade commission website for more information

I forgot to mention something VERY important.

DO NOT IGNORE THE SUMMONS. If you ignore the summons, they will win a default judgment against you. If you don't pay the judgment after a reasonable amount of time, they will seek an enforcement order from the court to do any or all of the following:

levy against bank accounts.

lien against REAL property.

lien against auto or other personal property of value.

levy against bank accounts.

garnishment of wages.

levy against state income tax refunds.

""I had a credit card debt that was written off by the credit card company in Feb of 2005. Then, out of the blue, I get served papers by Unifund on Oct 2007 for the amount that was written off.""

1. A charge off does NOT absolve or forgive the debt-many folks mistakenly (or hopefully) think it absolves the debt. Nothing is further from the truth. The debt is still valid and collectible. Do a search of ROR for me and you'll see some of my rebuttals that explain what a charge off is and does in more detail.

""I have been working with an attorney friend of mine and supposedly Unifund won't deal. The attorney is telling me that I should agree to give them judgement. I haven't done anything yet.""

Appears to me your attorney is giving you good advice. The debt is NOT made invalid because the company did a charge off. The charge off is for accounting and business TAX purposes as well as helping to force the company to have a more realistic (honest) profit/loss statement. The company is still OWED the money and can succesffuly sue you to get it. Further, the statute of limitations has not lapsed, so an expired SOL defense is not possible.

""I see all these reports against Unifund and I wonder if I have any recourse or if I'm screwed. Any help or thoughts, I've heard through another attorney that these guys are very aggressive.""

You're not being screwed. They are using the judicial system to compel you to pay what you owe. If I still owed you $1000 for the used car a bought from you, wouldn't you file a suit in small claims if I didn't pay you?

I have been dealing with these nasty people for a very long time.. This unifund got there hands on a debt that has benn deleted form my credit file 5 years ago and now they are still trying to collect it.. i was served some kind of court papers about 2 years ago and they were never filed at the court house here in my home town.. Now after a nother year that has gone by now i have gotten more papers. and i think everyone that has been liveing a life of bull s**t with these people we all need to get them out of bussiness.. Now i am playing the waiting game to see when i go into court.. I have contacted the departmetn of commerce AGAIN and they are working on this to.. I do suggest that every one needs to contact the department of commerce in your state and put in what ever kind of report you need to put in.. The BBB needs to be contacted. And dont be scared to report this COMO law to the department of commerce, the BBB, and the Federal Trade Commission in your state... I also know of 2 other people here in my town that they have gone after and nothing came of there court.. Best of luck to you and fight them to the ground.. I have all my paper work ready to go.. Keep us informed of your situation.

I have been dealing with these nasty people for a very long time.. This unifund got there hands on a debt that has benn deleted form my credit file 5 years ago and now they are still trying to collect it.. i was served some kind of court papers about 2 years ago and they were never filed at the court house here in my home town.. Now after a nother year that has gone by now i have gotten more papers. and i think everyone that has been liveing a life of bull s**t with these people we all need to get them out of bussiness.. Now i am playing the waiting game to see when i go into court.. I have contacted the departmetn of commerce AGAIN and they are working on this to.. I do suggest that every one needs to contact the department of commerce in your state and put in what ever kind of report you need to put in.. The BBB needs to be contacted. And dont be scared to report this COMO law to the department of commerce, the BBB, and the Federal Trade Commission in your state... I also know of 2 other people here in my town that they have gone after and nothing came of there court.. Best of luck to you and fight them to the ground.. I have all my paper work ready to go.. Keep us informed of your situation.

I have been dealing with these nasty people for a very long time.. This unifund got there hands on a debt that has benn deleted form my credit file 5 years ago and now they are still trying to collect it.. i was served some kind of court papers about 2 years ago and they were never filed at the court house here in my home town.. Now after a nother year that has gone by now i have gotten more papers. and i think everyone that has been liveing a life of bull s**t with these people we all need to get them out of bussiness.. Now i am playing the waiting game to see when i go into court.. I have contacted the departmetn of commerce AGAIN and they are working on this to.. I do suggest that every one needs to contact the department of commerce in your state and put in what ever kind of report you need to put in.. The BBB needs to be contacted. And dont be scared to report this COMO law to the department of commerce, the BBB, and the Federal Trade Commission in your state... I also know of 2 other people here in my town that they have gone after and nothing came of there court.. Best of luck to you and fight them to the ground.. I have all my paper work ready to go.. Keep us informed of your situation.

I have been dealing with these nasty people for a very long time.. This unifund got there hands on a debt that has benn deleted form my credit file 5 years ago and now they are still trying to collect it.. i was served some kind of court papers about 2 years ago and they were never filed at the court house here in my home town.. Now after a nother year that has gone by now i have gotten more papers. and i think everyone that has been liveing a life of bull s**t with these people we all need to get them out of bussiness.. Now i am playing the waiting game to see when i go into court.. I have contacted the departmetn of commerce AGAIN and they are working on this to.. I do suggest that every one needs to contact the department of commerce in your state and put in what ever kind of report you need to put in.. The BBB needs to be contacted. And dont be scared to report this COMO law to the department of commerce, the BBB, and the Federal Trade Commission in your state... I also know of 2 other people here in my town that they have gone after and nothing came of there court.. Best of luck to you and fight them to the ground.. I have all my paper work ready to go.. Keep us informed of your situation.