11-01-2010 08:40 PM - edited 11-01-2010 08:52 PM
My advice is to step back, and first go back to basics. The relevant credit reporting, maybe even SOL, dates are dependent on the dates of delinquencies reported on the original credtior account. I dont see those dates being posted. And they are the critical dates.
What are the dates of each monthly delinquency on the OC account? That determines their individual drop off dates at 7 years.
Then, what is the date of first delinquecy (DOFD) in the most recent chain of delinquencies on the OC account before any CO or CA was done?
That DOFD date, plus 180-days, plus 7 years, determines the drop off date-certain of any collections or charge-offs. Not the dates of any CA reporting.
Depending on your state SOL statute, the DOFD may also determine the date of running of your SOL. My cursory review of LA state SOL is three years for open-ended accounts. The question is what date begins itd running. If LA civil code does not permit reset of SOL based on later payments, and the first cause of action, based on DOFD, was more than 3 years ago, I would not be so wiilling to just accept that it is still within SOL.
In my opinion, a lot of side issues are being discussed, and none can be resolved until these factual dates are known.
11-02-2010 07:08 AM
Not that the DOFD with the OC has anything to do with it but the ORIGINAL DOFD with the OC is Oct 2008.
The debt was opened in Missouri and closed in Missouri, he moved here in June, Louisiana does allow the borrowing of statutes in which the SOL for CC's in MO is 5 years.
MO 5 yrs
LA 3 yrs
Either way it is STILL WITHIN SOL
I am fully aware of SOL's for both reporting and suing, this case was dismissed wihtout prejudice which means they WILL come after him HERE and can do so until Oct 2011 or Oct 2013.
I am trying to cut them off at the pass in filing another suit here in La.
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