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Question about SOL

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Shellie
Valued Contributor

Question about SOL

I am working on the hubby's credit and a lot of his collections are for WY or CO.  We (he) currently reside in OK.  Who's SOL do I use when DV'ing these accounts. 

 

We can not afford to get sued right now!

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Question about SOL

There is no requirement that anything pertaining to SOL be mentioned in a DV.

SOL is your basis for defense if sued, and is your obligation to prove in court.  Ultimate ruling on expiration of SOL requires a finding by a judge.

It is possible, in limited circumstances, that expiration of an SOL is apparent from the facts of a case, such as a very old debt where the state SOL is much less, and has no reset provisions under your state law based on any other factors, such as offers to pay or actual payments made on the debt.

 

The only reason I would mention possible expiration of SOL in a DV is if you feel the facts of your case clearly establish its expiration. 

In such cases, there is case law holding that if a debt collector is aware that the SOL has clearly expired, then any threat or initiation of legal action can become its own violation of the FDCPA.  If you are sure, it can establish basis for notification that might reap benefits in any subsequent legal action or complaint.

If unsure, I would leave it out.

 

The expiration of SOL is usually clouded when a debt collector may be the plaintiff.  The SOL applicable in any trial is that of the state of jurisdiciton of the trial.

The FDCPA gives a debt collector the option to bring legal action in either the state where the contract establishing the debt was signed, or in the jurisdiction of current residency of the consumer. Thus, one would not know the applicable SOL for any legal action until the jurisdiction of the legal action was established.

 

Probalby best to just leave out any reference to SOL in a DV, which is sent for the purpose of requring them to cease further collectin on the debt until they provide verification. 

 

 

 

 

Message 2 of 5
Shellie
Valued Contributor

Re: Question about SOL

I wasn't going to mention it in the DV.  I was asking bc I have read on here that if you DV with in that time frame they can sue you. 

 

He has a bunch of medical debt from 2008 and I was going to start eh process by DV'ing all of them that were past the SOL.

Message 3 of 5
RobertEG
Legendary Contributor

Re: Question about SOL

You always run the risk that sending a DV might be interpreted as resistance to pay, and thus affect their next step.

However, I highly doubt that a simple DV would be a deciding factor unless their consideration of the DV would make them aware of rapid approach of expiration of the prevailing SOL in the jurisdiciton where they would bring legal action.

 

Do you contest the legitimacy of the debt?

They can respond with a statement of verification at any time, and simply proceed with their collection activities.

If you expect that they have sufficient info to verify the debt, you may wish to reconsider sending a DV if you have concerns over their current intent to bring legal action as a next step.  Hard to give firm advice, as next steps are up to them......

Message 4 of 5
Shellie
Valued Contributor

Re: Question about SOL

I thought DV'ing was kinda the first step. 

 

The ones that couldn't be validated had to be removed and the ones that could be you tried to offer a PFD.

 

Am I off here?

Message 5 of 5
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