Collection Agency / SOL Question -

[SLR72689]

I've been researching and trying to learn everything I can about credit/CA what have you and the SOL confuses the hell out of me.

I've read the SOL in Illinois is 5 years. Now what does that exactly mean?

And when can a CA sue you? Before the SOL or after?

I keep reading horror stories about Midland suing and I'm currently having my phone BLOWN UP by them so I'm trying to figure out the best route to deal with this as I cannot afford to pay them what I owe.

[DaBears]

I live in IL, that is correct. The SOL in IL is 5 yrs. If you are in within the SOL the CA has the right to sue. If it's past the SOL they can not sue.

[DaBears]

Did you receive a dunning notice from them from the first phone call they iniated with you? They have 5 days to send one. 

[guiness56]

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@SLR72689 wrote:

I've been researching and trying to learn everything I can about credit/CA what have you and the SOL confuses the hell out of me.

I've read the SOL in Illinois is 5 years. Now what does that exactly mean?

And when can a CA sue you? Before the SOL or after?

I keep reading horror stories about Midland suing and I'm currently having my phone BLOWN UP by them so I'm trying to figure out the best route to deal with this as I cannot afford to pay them what I owe.

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SOL runs from the DoFD.   It means that if the creditor is going to sue you it has to be within the 5 years period.  If your DoFD is 6/2010 they have until the end of the month of 6/2015 to bring a suit.  Keep in mind that some are sneaky and will try to bring suit after the SOL expires but your affirmative defense would be it had expired.

[SLR72689]

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@DaBears wrote:

Did you receive a dunning notice from them from the first phone call they iniated with you? They have 5 days to send one. 

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Honestly, I have do not remember. At the time all this stuff started happening, both my parents had just passed away so my credit/CA wasn't on my mind at all. Midland is BLOWING my phone up now, at all times of the day. I know it's my debt, I just don't have the money to PIF right now.

[guiness56]

You have the right to notify Midland to communicate with you only by mail.  Also check your state laws,  There may be an amount of times they can contact you.  In WA state a CA can only contact you 3 times a week.

[SLR72689]

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@guiness56 wrote:

You have the right to notify Midland to communicate with you only by mail.  Also check your state laws,  There may be an amount of times they can contact you.  In WA state a CA can only contact you 3 times a week.

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I will tell them to only communicate with me by mail! I didn't know you could do that. They call me at least 2 times a day. They called me 4 times on Sunday.

[guiness56]

Make sure you write them a letter.  Just telling them on the phones holds no water.  Also, make it clear it is NOT a cease and desist, that you would just perfer written communications from them.

[SLR72689]

I'm looking at the most recent letter I received on 1/24 and according to this letter, they aren't even open on Sundays yet I've received calls from people claiming to be from Midland just this past Sunday.

Is it possible a CA is "pretending" to be from Midland? I've read so much online (outside from this forum) on Midland being a scam.

[guiness56]

Anything is possible.  Is there a phone number listed?  Google it.