Q: Is there a statue of limitations on unlicensed dog citations? I got one in 2008 and now collections is harassing me.
A:
If you're being harassed by a third party debt collector, it's an issue where you don't have to sit back and take the abuse. You would have a right to proceed under the Fair Debt Collections Practices Act ("FDCPA") and likely also under the analogous state law. This does not necessarily mean that the debt collector is not permitted to attempt to collect the debt--even if they cannot enforce a right to collect in court--only that the debt collector may not harass you in doing so.
The answer to the statute of limitations question will depend on the specific circumstances and on which state's laws apply . Generally speaking, if there are no unusual facts here, the statute of limitations would have expired. In almost all states, the applicable statute of limitations would be 10 years or less. However, a couple of states would likely apply a 15 year statute of limitations.
***None of this should be taken as legal advice. There are many factors to analyze in a debt collection case. ***
At the time of writing, I am licensed to practice law in California and federal courts within California, including the United States Court of Appeals for the Ninth Circuit. Any other states where I currently practice are on a case-by-case basis with the Court's permission.
The statute of limitations for the FDCPA is very short, so if you feel that you are being harassed, contact a consumer attorney immediately to protect your rights.
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