Suit Claims Trident Asset Management, OPS 9 Coerce Payment for Old Debts

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Trident Asset Management, LLC and OPS 9, LLC are facing a proposed class action lawsuit filed mid-August that alleges the debt collectors attempted to coerce payment of consumer debts after their statutes of limitations had expired. The plaintiff says Trident, on behalf of OPS 9, sent her a collection letter regarding a debt incurred as a result of an insufficient fund check written on March 9, 2011. According to the suit, the statute of limitations on this type of debt is three years, meaning the debt was “no longer enforceable by judicial means.” The complaint argues that the defendants’ letter unlawfully failed to inform the consumer that any partial payment or agreement to pay the debt could renew the statute of limitations.

Additionally, the suit claims the defendants further misled the plaintiff into believing the debt was enforceable by referencing a settlement offer. As a result, the complaint insists that the letter should be considered “unfair and unconscionable” under the Fair Debt Collection Practices Act.