More details to this question:
what happens when an original creditor violates the sol. according to the state of Delaware, fdcpa doesn't effect original creditors if they violate the sol law. I now that a case can be dismissed do to violating the sol, however can i sue an original creditor for sue me for violating that law in the state of Delaware. and what could i sue the creditor for, emotional distress????
1 ANSWER
It is possible that bringing a suit many years after the statute of limitations had passed could be considered malicious prosecution, especially if the same claim had previously been dismissed on limitations grounds. It is also possible that, if the claim is obviously time-barred, a Court may sanction the plantiff and/or his/her attorney for prosecuting a frivolous action. Barring such egregious circumstances, however, I don't think you have a case.
Answered on Mar 12th, 2014 at 3:48 PM