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can they sue after sol ran out???

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chozyn1
Valued Member

can they sue after sol ran out???

I was wondering if the ca sell to another ca after sol and try to get them to collect???
Message 1 of 8
7 REPLIES 7
Boswd
Valued Contributor

Re: can they sue after sol ran out???

absolutley.  NO  SOL on the trying to collect only on suing and winning, if you answer show up with the defense that it is time barred.  
 
But they can try to collect forever, the debt is tech. still owed.
Message 2 of 8
Anonymous
Not applicable

Re: can they sue after sol ran out???

Yes, they can file a suit  BUT you have at least ONE affirmative defense Statute of Limitations has expired.  The other may be that they had previously filed and the case was dismissed for lack of evidence.
Message 3 of 8
chozyn1
Valued Member

Re: can they sue after sol ran out???

what i am saying is that the statute of limitations has ran out. they can still collect or does that only apply to reporting on credit reports, not collecting the money. I have contacted the original creditor who has no records, the next creditor who has no record and sold it and then the next creditor who only says that they only have an account number with no info and thats it with the oc's. its this collection agency credigy that keeps adding interest and fees and trying to sue and cant produce documents and reselling to themselves. its been 7 years for gods sake and the debts is not mine legally.
Message 4 of 8
Anonymous
Not applicable

Re: can they sue after sol ran out???

Thy can report thru CRTP (7-7.5 years)... SOL applies to being able to force you to pay them via a judgment,
 
Just for the fun of it - I would DV them.... if they can't produce a signed contract then they can't validate and you can sue them for reporting.
Message 5 of 8
chozyn1
Valued Member

Re: can they sue after sol ran out???

i live in tennessee so i thought 7 years was the limit. its already 5 months after statute of limitations. im going to dv them though. they havent reported YET but i just got the letter in the mail  asking if i disputed,blah blah blah. what about another issue? i had cancelled my car insurance with progressive and they say i owe them for the last month cause they still covered me even though i had other insurance? can tehy do that?
Message 6 of 8
Anonymous
Not applicable

Re: can they sue after sol ran out???

You are confusing SOL with CRTP
 
SOL in your state is 6 years
 
more detailed SOL
 
I have no idea if they can do anything....you might want to check your state law dealing with auto ins.
 
But if it is covered by SOL   the start of SOL is your first missed payment
Message 7 of 8
Anonymous
Not applicable
Moved:

Re: can they sue after sol ran out???

Split message and the replies into a new thread and moved over to the Rebuilding Your Credit Forum.

Message 8 of 8
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