Ask Not for Whom the Bell Tolls at Your Own Peril: Fraudulent-Concealment Doctrine and the Tolling of Statute of Limitations

Unifund is a general partnership specializing in debt collection. In July 2007, Unifund sued Ruth in an Ohio court to collect a debt Ruth allegedly owed CitiBank. Ruth received her summons on August 29. In November, after retaining counsel, she raised Unifund’s lack of capacity to sue as an affirmative defense. At the same time, she filed a counterclaim, alleging Unifund violated the Fair Debt Collection Practices Act (FDCPA), by misrepresenting Ruth’s debt to Citibank. A month later, on December 12, apparently as a result of Ruth’s affirmative defense, Unifund registered its name with the Hamilton County Recorder.

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