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New Contributor
boosted
Posts: 56
Registered: ‎06-10-2007

need help understandig statute of limitations........I was treatend to be sued by a CA today

[ Edited ]
I live in Maryland and the statute of limitation for open, written and oral accounts is 3 years promissory notes is 6 years.   What date starts the 3yr countdown? is it the date reported? Reason i ask is i have been receiving calls from a collection agentcy asking me to pay after i did  some online disputes. At first i was going to settle but i changed my mind, i told the lady if i pay i would like my file removed from my credit report and they said it was up to the OC not them.  The lady said that she will send the account back and note it as refusal to pay. Today I recived a call from someone else from the same collection agency and that woman was playing hard ball with me, she would not even let me ask her a question, she said the only option i have is to  settle for 380.00 or pay in full. She said  if i  don't make a payment right away they will sue me for 5 times the amount  or more plus court fees. this is a credit card that was  reported on 10/03. what do i do?


Message Edited by boosted on 07-03-2007 02:24 PM
_______________________________________________________
Started my credit repair journey on 11/29/13 with 27 collection accounts with 24 being medical related, 1 cellphone account, 1 bank account and 1 cable TV account.
Starting scores are EQ 506, TU 516, EX 477.
First PFD letter sent out on 12/2/13/ Response on 12/5/13 agreeing to the terms of letter.
Second PFD letter sent out on 12/2/13/ Still waiting on a response.
Established Contributor
dog
Posts: 560
Registered: ‎05-03-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

if the statute of limitations is three years, the three years starts running when the creditors right to sue accrues....that means the precise moment that an individual allegedly breached the contract. i am not up on maryland's laws on reaffirmation of debts, but in general, so long as a person has not made any further payment since 2003 and has not made any statement acknowledging that the debt exists and that he/she is responsible for it, then that person is probably safe if the sol is 3 years. as always, this is general legal information and you should contact an attorney licensed in your jurisdiction for legal advice specific to your case. no atty client relationship is formed between you and me via this posting.
Super Contributor
MidnightVoice
Posts: 8,155
Registered: ‎03-25-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today



dog wrote:
as always, this is general legal information and you should contact an attorney licensed in your jurisdiction for legal advice specific to your case. no atty client relationship is formed between you and me via this posting.

You could put this in your signature.
 
If this board allows signatures, that is
The slide from grace is really more like gliding
And I've found the trick is not to stop the sliding
But to find a graceful way of staying slid
Established Contributor
dog
Posts: 560
Registered: ‎05-03-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

thank you midnight, i will try to do this.
Frequent Contributor
jaguls66
Posts: 356
Registered: ‎06-06-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

your SOL starts from your DOFD, date of first delinquency, the date the account went over 120 days past due. If you have not brought the debt back to current at any time since then, you count from there forward 3 years.

I am still a newbie here, but that is my understanding. Also threatening to sue you for 5 times the debt, plus costs, sounds like BS to me. They are able to tack on fees and such, but that sound like nuts to me.

There was a thread posted here, by Noah I believe in the last few days that talks about a CA employee who was fired for abuse. It should cheer you up at least to read it.
Established Contributor
dog
Posts: 560
Registered: ‎05-03-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

i disagree with the assertion that the legal sol begins 120 days after the debt became overdue. as soon as you are in breach of a contract, i.e. a payment is late (taking into account any contractual "grace periods", etc.), the creditor's right to sue accrues. the general legal information that dog provides is just that- information. for legal advice specific to your situation, you should always contact a lawyer licensed to practice in your jurisdiction. no lawyer/client relationship has been formed, or should be assumed, by any of dogs postings.
Established Contributor
dog
Posts: 560
Registered: ‎05-03-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

testing macro, sorry.
 
cave canem....

the general legal information that dog provides is just that- information. for legal advice specific to your situation, you should always contact a lawyer licensed to practice in your jurisdiction. no lawyer/client relationship has been formed, or should be assumed, by any of dogs posting!

,-._,-.
\/)"(\/
(_o_)
   U
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

I love it .

dog wrote:
testing macro, sorry.
 
cave canem....

the general legal information that dog provides is just that- information. for legal advice specific to your situation, you should always contact a lawyer licensed to practice in your jurisdiction. no lawyer/client relationship has been formed, or should be assumed, by any of dogs posting!

,-._,-.
\/)"(\/
(_o_)
   U



Regular Contributor
CreditHawk
Posts: 197
Registered: ‎06-08-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

Whoa just hold on a minute, Booster...

In my opinion, I think the collection agency dirtbag (employee) was just playing hardball with you. I can't imagine a creditor authorizing an agency to sue you for such a small balance. If I were you, I'd send them a written letter demanding that they validate the debt and stop calling you at home. Then, tell them you are contacting the original creditor to report this harrassment.

After you do that, call the original creditor and try your best to speak with the President or CEO's office, explain your situation and offer to bring the debt current with payment arrangements DIRECTLY WITH THEM, not with the scumbags (collection agency) that threatened to sue you over such a small amount of money.

And if you don't mind, how about sharing the name of the collection agency with the rest of us? They need to be exposed for their gutter tactics! Go get em and good luck!
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007

Re: need help understandig statute of limitations........I was treatend to be sued by a CA today

Actually a threat to sue without actually doing so is a violation.

CreditHawk wrote:
Whoa just hold on a minute, Booster...

In my opinion, I think the collection agency dirtbag (employee) was just playing hardball with you. I can't imagine a creditor authorizing an agency to sue you for such a small balance. If I were you, I'd send them a written letter demanding that they validate the debt and stop calling you at home. Then, tell them you are contacting the original creditor to report this harrassment.

After you do that, call the original creditor and try your best to speak with the President or CEO's office, explain your situation and offer to bring the debt current with payment arrangements DIRECTLY WITH THEM, not with the scumbags (collection agency) that threatened to sue you over such a small amount of money.

And if you don't mind, how about sharing the name of the collection agency with the rest of us? They need to be exposed for their gutter tactics! Go get em and good luck!



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