SOL

[hoping2rebuild]

Here is a copy of the account that my DD opened when she lied about her birthday

Since the SOL for NC is 3 years am I right to assume that this will be past SOL

March 2012?  Thanks

HSBC BEST BUY

PO Box 5253
Carol Stream, IL-60197
(800) 695-6950

Account Number:	169692-036815XXXX	Status:	120+ DAYS PAST DUE
Account Owner:	Individual Account.	High Credit:	$1,043
Type of Account:	Revolving	Credit Limit:	$1,500
Term Duration:		Terms Frequency:	Monthly (due every month)
Date Opened:	12/2008	Balance:	$0
Date Reported:	11/2010	Amount Past Due:
Date of Last Payment:	10/2010	Actual Payment Amount:
Scheduled Payment Amount:	$71	Date of Last Activity:	N/A
Date Major Delinquency First Reported:		Months Reviewed:	22
Creditor Classification:		Activity Designator:	Transfer/Sold
Charge Off Amount:		Deferred Payment Start Date:
Balloon Payment Amount:		Balloon Payment Date:
Date Closed:	10/2010	Type of Loan:	Charge Account
Date of First Delinquency:	03/2009
Comments:

81-Month Payment History

Year	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
2010	180	180	180	180	180	180	180	180	180	CO
2009	*	*	*	30	60	90	120	150	180	180	180	180
2008												*

[drkaje]

Can't the fact that she was underage be used to dispute it with OC?

She may not get sued but it'll still hang around a long while on the report.

[hoping2rebuild]

The OC sold this account it is being handled by

Goldman Roth Acquisitions and they are not reporting on her file

I told them that she was only 13 when this acct was opened

and they are still tyring to get my husband and myself to pay

threathing to SUE us

[drkaje]

^ That does not read/sound legal.

I'd find a legal expert and get their opinion.

[hoping2rebuild]

He said and I quote:

"  Your daughter is underage YOU are responible for her debts

we will be sending paper work to XXXXX county"

I am waiting on my attorney to call me back

[drkaje]

I do not believe a 13 year old can legally enter or bind another party to a contract by default.

I'd love to hear what their response would be if you asked if it was okay to record the conversations.  

Honestly, I'd just send them a cease and desist letter. It doesn't seem like a collectible debt. Speaking to a lawyer first would be safer but they'd not be calling me or making any other contact in the meantime.

They may have actually violated her rights by contacting you and handing out the information so freely. She should sue them for privacy violation.

[llecs]

I would proceed carefully. I'd think it can be viewed as a crime to lie on an app to obtain goods and services assuming this is on her report and not yours. The SOL for that (not the debt SOL) would be beyond 3 yrs in NC I bet. I'd also guess that the parent is financially responsible for the debt, YMMV on your state's laws.

Writing as if it were my kiddo who did that, I'd offer to PIF and make her do manual labor forever to make up for it. I'd also sell the item(s) that she bought with that account and apply the sale to the balance owed. Since she lied about the age and it reports on her report, then I wouldn't worry about reporting. She can't do anything about credit anyway, and again writing on what I'd do, I would hope it remained on her CR for a very long time so she'll know the value of good credit.

[hoping2rebuild]

llecs

     This is all on her report we didn't even know about this until they called asked to speak with her and I said I am her mother she is a minor you need to speak with me.

I don't mind paying this for her BUT they want me to make payments that I can't afford right now I can go 200.00 every couple of weeks until Feb then PIF but they are

wanting 2 payments of 521.00 I told him that I couldn't afford that much then that is when they threatned to SUE me and hubby.

[GregB]

Ilecs advise is very good but I would suggest proceeding very, very carefully.

I would say that wanting two payments of $521 is generous on their part and suggest you pay them quickly.

The financial issues pale compared to the potential legal issues for your daughter AND her parents. Some state's child protection agencies can be really difficult. You just don't want to consider going down that path in certain states.

[RobertEG]

The DOFD of 2009 would most likely start the period of SOL, as it is the first date upon which they had a cause of action for delinquency in the debt.  SOL does not run from date of opening of the account in any state.

As for admitting to the CRA or anyone that the account was fraudulently opened by a minor, I am sure that would have significant rippling effects on both her and upon you as the legally responsible parent.  I would tread lightly on that.  SOL forgiveness of debt may not apply if the debt incurred on a fraudulent account.  Unclean hands usually does not lead to successful legal defense of forgiveness for actions incurred by the party.  I would not rely strongly upon expiration of SOL as a defense without consulting an attorney in your jurisdiction.

As for communicating with you regarding the debt, as soon as you told them she was a minor, you legally became, for purposes of the FDCPA, the same as the consumer owing the debt.  Under FDCPA 805(d), the term "consumer" includes the parent of a minor. They can legally communicate with you without violation of the FDCPA.