Huertas v. Galaxy Asset Mgmt., No. 10-2532 (3d Cir. 2011)Annotate this Case
The district court dismissed a pro se debtor's claims against creditors, a collection firm, and credit reporting agencies, holding that expiration of the limitations period on the original debt did not prohibit assignment of or attempt to collect the debt, which had not been extinguished by bankruptcy. The Third Circuit affirmed. Although the debt is unenforceable under state law, it was not extinguished; the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, does not prohibit attempts to obtain voluntary payment. Communications did not include any threat to litigate and did not amount to fraud. Nor did the collection agency violate the Act by obtaining a credit report or violate RICO by any of its actions.