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Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?

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Anonymous
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Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?

This is regarding a CC with BOA.

I have several questions:

1. Is the SOL 3 years from the last activity on the acct or from any correspondence such as a Cease & Desist letter?

2. I wrote & signed several Cease & Desist letters to CA, with the last one being on May 10, 2005 - stating my intent to pay back the entire amount on the debt & listed the original account number.

3. Does signing the Cease & Desist now make it a written contract?

4. Can they sue me after May 10, 2008 if they wanted to pursue that action?
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?



cmarko wrote:
This is regarding a CC with BOA.

I have several questions:

1. Is the SOL 3 years from the last activity on the acct or from any correspondence such as a Cease & Desist letter?

2. I wrote & signed several Cease & Desist letters to CA, with the last one being on May 10, 2005 - stating my intent to pay back the entire amount on the debt & listed the original account number.

3. Does signing the Cease & Desist now make it a written contract?

4. Can they sue me after May 10, 2008 if they wanted to pursue that action?

1. Contact doesn't reset SOL.
2.
3.
4. They can sue anytime, but when it is past SOL and they sue, you go into court and bring that to the attention of the judge.
Message 2 of 6
Anonymous
Not applicable

Re: Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?

When you included an intention to re-pay you re-set SOL.  Any agreement (and that was written and signed by you) does re-set SOL in my opinion -- which is why to CYA in any correspondence one always 'disputes the validity' of the debt.
Message 3 of 6
Anonymous
Not applicable

Re: Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?



Lady_Scarlet wrote:
When you included an intention to re-pay you re-set SOL.  Any agreement (and that was written and signed by you) does re-set SOL in my opinion -- which is why to CYA in any correspondence one always 'disputes the validity' of the debt.



Learn something new everyday.
 
If you sent last "intent to pay" letter in May 2005, then SOL would be up May 2008, for Washington.
Message 4 of 6
guiness56
Epic Contributor

Re: Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?

Actually, in WA state, in order to re-set the SOL, you either have to make any type of payment or sign a repayment agreement with the collection agency.  According to a consumer attorney, both parties must sign.


Message Edited by guiness56 on 02-29-2008 07:37 AM
Message 5 of 6
Anonymous
Not applicable

Re: Is the SOL in Wa. State 3 Years for CC accts? Can they sue after the SOL is up?

realize the OP stated an intent to pay the OC - so this 'could' get iffy.  I suggest contacting a lawyer for a free consult to get a better opinion.
Message 6 of 6
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