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Statue of Limitations..

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devineer1
Regular Contributor

Statue of Limitations..

Where can i find my states statue of limitations.. I just recv'd a call for a debt from 2005.. They are trying to send to court or file a judgement against me.. Their time is up or am I mistaken..
I am but a work in progress, taking one day at a time, learning to be more patient. In the Garden as of 12/01/15

Equifax 569
Trans Union 607
Experian 588

Goal to be at or over 650
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Statue of Limitations..

What state are you in? What type of debt is it?

SOL by State

 

Follow the links to your states actual statute because it may differ from what they have in the chart.

Message 2 of 6
devineer1
Regular Contributor

Re: Statue of Limitations..

I'm in CO and it's an Orchard bank credit card...I read this and .... Well ... I need more help understanding.. I was told that it can start over if I even speak to the ppl. I did ao they get to proceed collections.
I am but a work in progress, taking one day at a time, learning to be more patient. In the Garden as of 12/01/15

Equifax 569
Trans Union 607
Experian 588

Goal to be at or over 650
Message 3 of 6
Shokk
Established Contributor

Re: Statue of Limitations..

The only way SOL can be reset is if you made payments to a CA and then stopped.  Or worked out a payment agreement with the OC after charge off.  Looks like any SOL is beyond expired for CO.  If you do get served, be sure and show up.  Will be easy to beat using SOL as an affirmative defense.

I don't know my start scores, but low 500s. 6/2013

2/19/15
EQ FAKO - 638
EX FICO - 665
TU FICO - 697
Message 4 of 6
RobertEG
Legendary Contributor

Re: Statue of Limitations..

When determining expiration of SOL, it is often not sufficient to simply look up a number from a chart.

Those periods are the normal period for a given type of debt.  They are helpful, but it is then necessary to determine whether any special circumstances exist under the actual statute. 

It is recommended that one pull a copy of the actual state statute to check for any applicable special cirsumstances.

Better yet, consult with an atty in your state who can proivde legal opinion for your specific case.

 

State SOL can have reset provisions based on any payments or firm offers to pay.

Some state SOLs run from date of last payment, not date of first delinquency (i.e., "cause of action")

Some states provide for tolling of running of the period during periods of consumer non-residency in that state.

Some states have "borrowing" provisions in their SOL that can incorporate a shorter SOL from another, prior stae of residence.

 

 

 

Message 5 of 6
Anonymous
Not applicable

Re: Statue of Limitations..

As shokk pointed out, SOL is reset by actually making payments or payment arrangements, then defaulting. According to the Colorado Revised Code, the SOL is three years on "All claims under the "Uniform Consumer Credit Code"". Pretty sure an Orchard Credit Card would fall under that.

 

CO Uniform Consumer Credit Code

 

Threatening suit on a time barred debt is generally considered a violation under FDCPA - you might inform them of that if they call again. FDCPA violations are a $1000 fine payable to the consumer. And if they DO actually try to sue you, make SURE you show up in court and assert SOL as a defense.

 

If they call again record the call - just in case they commit more violations. You could potentially have these cretins by the short hairs, and get a nice payday.

Message 6 of 6
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