@valley_man0505 wrote:
@Anonymous wrote:
@valley_man0505 wrote:
@Anonymous wrote:
I didn't catch which state you are in or the concept of the debt, but I would not count on much protection by claiming ID theft. If you suspect ID theft, make your police report now. Otherwise, if sued and the credit can convince the judge that your delay in filing a police report has hindered their ability to collect from the appropriate person the court can still enter a judgment against you.
All I know is that the only new accounts I have opened since my "Great Credit Debacle of 2002" are all current. If the debt they are trying to collect is actually mine, the DOLP would have to be in either 2003 or early 2004, which would put the debt well beyond SOL. However, none of the CAs have EVER been able to supply ANY documentation on this debt and it has NEVER been on any of my reports. Therefore, I don't even know how old they claim this debt is. My assumption is that this is a debt that was created when I had my unintentional defaulting spree right after college in 2002 but this one never reported on my CR's for some reason. If that is the case, it is past SOL. I have no record of this debt, however--my old credit reports are the only record I have of what a debts I even had from back then, so I have no record of anything that didn't report (FYI...my report is now baddie-free aside from 2 of my ex-wife's medical collections).
If they claim that this is a debt that is still within SOL, there is not way that is possible without either: a) re-aging or b) ID theft. Right now, I have no reason to suspect ID theft, but if some CA suddenly provides documentation that debt occured in 2007 or something like that, then I would have to look into that as an explanation. In the meantime, I have to assume this from my 2002 defaulting-spree.
I'm not sure where you get DOLP from as that is totally irrelevant when it comes to determining the CRTP and, unless you are talking about tolling the SOL, the SOL as well. With most consumer debt, the only date relevant for determining SOL is the date the creditor first had a cause of action against you. Normally that is DOFD -- date of first delinquency. Depending on the terms of your credit card agreement, that could be a a coupleof months or more after you made the last payment. Or it could even be earlier.
Again, either you have failed to state which state you live in or I didn't find it when I glanced through the thread history. There are at least 7 states where a debt from 2002 may still be inside of the SOL. Please point me to where you stated which state you are in.
Unless something has changed, DOLP starts the clock for SOL (at least if it falls after DOFD). DOFD starts the clock for CRTP. I am in Wisconsin, where SOL = 6 years.
Nothing has changed. DOLP has never, in any state, triggered the SOL. In every state the SOL commences to run when a cause of action accrues. How a creditor can have a cause of action when you pay them is something few would understand.
Wisconsin Statutes, Chapter 893:
893.04 Computation of period within which action may be commenced. Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced.
Being that in Wisconsin subsequent payments on an already delinquent account -- unless said payments bring the account current and out of delinquency -- do not in and of themself toll the SOL, DOLP is irrelevant. Always.
At least with credit card debt, the cause of action accrues in Wisconsin precisely when you default on your obligation by not paying the agreed amount at the agreed time. Further payments that do not bring the account current do nothing to alter that much less establish a new cause of action. In fact, depending on the contract, even bringing the account current after default may not eliminate the cause of action which began on the initial first default, though this is seldom seen in credit card contracts.
Even if you were to bring the account out of default by payment(s) which the creditor accepts, such payments in no way, shape or form affect the SOL if -- and when -- a new cause of action accrues.
Let me simplify this for you. You get a statement from Citibank that you owe $1,000 on your credit card. The statement date is January 1, 2011; due date is January 26, 2011. The minimum amount due is $100.
1. On or before 1/26 you pay $100 or more: No cause of action.
2. On or before 1/26 you pay nothing or less than $100: Regardless of the date paid, cause of action accrues (and SOL starts running) on 1/27.
No cause of action = No SOL
