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Established Member
skinsfan83
Posts: 16
Registered: ‎11-24-2012

Questions about SOL and how I should handle an old debt

I have an old collection account from a private student loan I received in 2002. The loan has been sold various times between then and now. The Original creditor(AES) or the 1st company that bank of america sold the loan to is reporting on my credit report as a charge off. it is scheduled to fall off 12/12. There is no CA reporting on my report. It once was in collections with Van Ru (assigned by TERI) but it hasn't been on there for about a year or two. I received a letter a few days ago from NCO regarding the debt. They were assigned to collect by the original creditor National Collegiate Trust. It says that the date of default is 4/14/06. Is this the date I should be concerned about regarding SOL? If it is then it should be passed the SOL. I'm in Maryland and in my state it is 6 years on promissary notes.

 

The letter said that I can validate the debt within 30 days. I was wondering should I even do that or leave it be?

 

Another part of my problem is that in 2008 (maybe August or so) I looked up my name in the public records and saw that I was being sued by VanRu for this same loan. I called up the attorney in charge of this to come up with a payment plan. They told me that if I made 4 payments they would put me in a program to make a loan current or put my back in repayment. Once I made the payments TERI was suppose to contact me about the program. They never did. I was never served about the lawsuit after that. I was wondering if these payments restarted the SOL. If it didn't wouldn't the date of default listed in my letter be 2008 and not 2006?

 

I'm sorry for the long post. I'm just trying to be thorough.

Valued Contributor
annielorie
Posts: 1,207
Registered: ‎02-19-2012

Re: Questions about SOL and how I should handle an old debt

making payments can restart the clock as you are bringing it up into good standing Im confused by your post A were you served or not. B. Did you sign anything re the payment plan C. did you make any payments. Also if it is in your public records you are not BEING sued it has already happened and more than likely a default judgement was entered against you simply for failure to appear.


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Established Member
skinsfan83
Posts: 16
Registered: ‎11-24-2012

Re: Questions about SOL and how I should handle an old debt

A. I was never served. I looked up my name in the Judiciary case search and saw that I they were planning to sue me. I called them before they served me.

B. I signed something regarding loan rehabilitation after I made 4 payments. The company never contacted my about it. I have the paper work that they sent me regarding the program.

C. I made 4 payments. 8/08, 9/08. 10/08, and 11/08 to Van Ru. I autorized them to debit my account.  I have print outs of the paid checks. They were made to TERI.

 

When I log on to the judiciary website now it says this regarding the case:

Type:INITIAL CASE FILINGComplaint No.:
Date:06/24/2008Comment:INITIAL AFFIDAVIT CASE FILING

Type:TRIALComplaint No.:
Date:07/09/2008Comment:TRIAL SET FOR: 09082008;TIME: 0845A;LOC:02;ROOM:161B

Type:NOTICE SENTComplaint No.:001
Date:07/09/2008Comment:NOTICE OF INITIAL TRIAL (ATP)-D1

Type:NOTICE SENTComplaint No.:002
Date:07/09/2008Comment:NOTICE OF INITIAL TRIAL (ATP)-D1

Type:SERVICEComplaint No.:001
Date:08/20/2008Comment:REGL;06242008;DEF;NE-NON-EST ;

Type:NOT SERVED REASON COMMENTSComplaint No.:001
Date:08/20/2008Comment:UNABLE TO CONTACT FILED IN BOX 08-08

Type:SERVICEComplaint No.:002
Date:08/20/2008Comment:REGL;06242008;DEF;NE-NON-EST ;

Type:NOT SERVED REASON COMMENTSComplaint No.:002
Date:08/20/2008Comment:UNABLE TO CONTACT FILED IN BOX 08-08

Type:NOTICE SENTComplaint No.:001
Date:08/22/2008Comment:NOTICE OF OUTCOME OF ORIGINAL SERVICE (ATP)-A1

Type:NOTICE SENTComplaint No.:002
Date:08/22/2008Comment:NOTICE OF OUTCOME OF ORIGINAL SERVICE (ATP)-A1

Type:TRIAL DELETEComplaint No.:
Date:11/20/2008Comment:TRIL;09082008;0845A;02;BY SYS;45 DAYS PAST TRIAL DATE

Type:COMMENTComplaint No.:001
Date:09/11/2009Comment:REQUEST FOR ORDER OF DISMISSAL (3-507) SENT TO DC-T6

Type:COMMENTComplaint No.:002
Date:09/11/2009Comment:REQUEST FOR ORDER OF DISMISSAL (3-507) SENT TO DC-T6

Type:DISMISSAL (RULE 3-507) ENTEREDComplaint No.:001
Date:10/01/2009Comment:COMPLAINT DISMISSED (RULE 3-507)

Type:DISMISSAL (RULE 3-507) ENTEREDComplaint No.:002
Date:10/01/2009Comment:COMPLAINT DISMISSED (RULE 3-507)

Type:NOTICE SENTComplaint No.:001
Date:10/01/2009Comment:NOTICE OF 3-507 DISMISSAL - LACK OF JURIS (ATP)-T2

Type:NOTICE SENTComplaint No.:002
Date:10/01/2009Comment:NOTICE OF 3-507 DISMISSAL - LACK OF JURIS (ATP)-T2

Type:MOTION FILEDComplaint No.:001
Date:10/14/2009Comment:G;11092009;9U7;ATP;TO VACATE ORDER OF DISMISSAL ;24

Type:VACATE ORDER OF DISMISSALComplaint No.:001
Date:11/09/2009Comment:VACATE ORDER OF DISMISSAL

Type:NOTICE SENTComplaint No.:001
Date:11/18/2009Comment:NOTICE OF OUTCOME OF MOTION FILED - 24 (ATP)-G1

Type:NOTICE SENTComplaint No.:001
Date:11/18/2009Comment:NOTICE OF VACATE ORDER OF DISMISSAL (ATP)-K1

Type:GENERAL DISMISSALComplaint No.:001
Date:07/27/2010Comment:COMPLAINT DISMISSED BY COURT

Type:NOTICE SENTComplaint No.:001
Date:08/02/2010Comment:NOTICE OF DISMISSAL - DSML (ATP)-T5

Type:NOTICE SENTComplaint No.:001
Date:08/02/2010Comment:ALSO SENT TO - DEF,

Type:MOTION FILEDComplaint No.:001
Date:08/06/2010Comment:smileyvery-happy:;08302010;9U7;ATP;TO VACATE ORDER OF DISMISSAL ;24

Type:COMMENTComplaint No.:001
Date:08/17/2010Comment:CASE/MTN SENT TO 9U7

Type:COMMENTComplaint No.:001
Date:08/30/2010Comment:smileytongue:ER 9U7 DENIED; THE CASE WAS DISMISSED ON 07/27/10

Type:NOTICE SENTComplaint No.:001
Date:

08/30/2010Comment:NOTICE OF OUTCOME OF MOTION FILED - 24 (ATP)-G1

Valued Contributor
annielorie
Posts: 1,207
Registered: ‎02-19-2012

Re: Questions about SOL and how I should handle an old debt

Did you pay the debt in full?


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Established Member
skinsfan83
Posts: 16
Registered: ‎11-24-2012

Re: Questions about SOL and how I should handle an old debt

No it was charged off by the OC. It is still reporting on my CR by the OC until 12/12. There is no collection on my CR. I received a letter from NCO regarding the debt with 4/06 listed as date of first delinquency. I'm most concerned with 1.) being sued again and 2.) the item being reported on my credit report.

Valued Contributor
annielorie
Posts: 1,207
Registered: ‎02-19-2012

Re: Questions about SOL and how I should handle an old debt

The problem is I have no way of knowing if you reset the original accounts SOL by making a payment/arangement. Check your states SOL statute reguarding your type of loan and if you could have reset the SOL if it is not reset then check your SOL for your state. If it is out of SOL they can not legally come after you for the money.If the DOFD was april 2006 than it also is out of CRTP and cannot be reported on your credit. In otherwords its a zombie debt. 


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Established Member
skinsfan83
Posts: 16
Registered: ‎11-24-2012

Re: Questions about SOL and how I should handle an old debt

Would NCO know that I made those 4 payments? If they do know about it wouldn't the date of default be in 2008 and not 2006?

Established Member
skinsfan83
Posts: 16
Registered: ‎11-24-2012

Re: Questions about SOL and how I should handle an old debt

Also, do you think I should DV or leave alone?

Valued Contributor
annielorie
Posts: 1,207
Registered: ‎02-19-2012

Re: Questions about SOL and how I should handle an old debt

Id personally leave it alone sounds like they are trying to get you to pay a debt that is not collectable. If it is your wish to pay monies you owe make sure you have a letter stating that it will not be reported as updated account with new baddies its your call.


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