Consumer complaint received 2023-10-15
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Unifin Inc. (MT)

I was sent a collection letter XX/XX/XXXX. The collection letter didn't have my personal information just the name of the business I dissolved in XXXX. 

I sent them an email through their portal, notice that this debt was time barred per my state ( MT ) statute. I did ask for the originator and date of the debt. I asked to not be contacted regarding this collection attempt. 

I did receive a reply dated XX/XX/XXXX, stating that I " can not be sued, nor can the debt be reported to the credit bureau based on the age of the account ''. The originating company is XXXX XXXX XXXX with the date of the debt on XX/XX/XXXX and an account charge off date of XX/XX/XXXX. The letter states " It is not a credit card or other account statement from the original creditor ''. The " debt '' was sold to XXXX XXXX XXXX, then to XXXX XXXX on XX/XX/XXXX. XXXX XXXX XXXX is representing XXXX XXXX XXXX. 

Again, this is allegedly a debt from XX/XX/XXXX. Current date is XX/XX/XXXX. This debt is XXXX XXXX XXXX. 

I included the Montana Code Annotated 2021 in my email to the collection company and reads as follows : MCA Contents TITLE 30 CHAPTER 3 Part 1 30-3-122 Statute of limitations Montana Code Annotated 2021 TITLE 30. TRADE AND COMMERCE CHAPTER 3. UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS Part 1. Short Title, Form, and Interpretation Statute Of Limitations 30-3-122.Statute of limitations. ( 1 ) Except as provided in subsection ( 5 ), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the payment date or dates stated in the note or, if a payment date is accelerated, within 6 years after the accelerated payment date.

( 2 ) Except as provided in subsection ( 4 ) or ( 5 ), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.

( 3 ) Except as provided in subsection ( 4 ), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 6 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

( 4 ) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller 's check, cashier 's check, or traveler 's check must be commenced within 6 years after demand for payment is made to the acceptor or issuer, as the case may be.

( 5 ) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within 6 years after demand for payment is made to the maker, but if the instrument states a maturity date and the maker is not required to pay before that date, the 6-year period begins when a demand for payment is in effect and the maturity date has passed.

( 6 ) This subsection applies to an action to enforce the obligation of a party to pay an accepted draft, other than a certified check. If the obligation of the acceptor is payable at a definite time, the action must be commenced within 6 years after the payment date or dates stated in the draft or acceptance. If the obligation of the acceptor is payable on demand, the action must be commenced within 6 years after the date of the acceptance.

( 7 ) Unless governed by other law regarding claims for indemnity or contribution, an action for conversion of an instrument, for money had and received, or for like action based on conversion ; for breach of warranty ; or to enforce an obligation, duty, or right arising under this chapter and not governed by this section must be commenced within 3 years after the cause of action accrues.

History : En. Sec. 3-122, Ch. 264, L. 1963 ; R.C.M. 1947, 87A-3-122 ; amd. Sec. 105, Ch. 410, L. 1991.