individually for each CC or grouped?

Anonymous · ‎01-21-2016

sorry, i could'nt find better title description...

my question without answer is:

my debt is from 2 diferent CC, they have each a diferent last payment. one 2006 and the other 2008...will the collector be able to go after both combined? how it works with the SOL in this case? is it counted individually for each CC or grouped?

thanks in advance. I can't seems to find anwser to this anywhere.

bdhu2001 · ‎01-21-2016

@Anonymous wrote:
sorry, i could'nt find better title description...

my question without answer is:

my debt is from 2 diferent CC, they have each a diferent last payment. one 2006 and the other 2008...will the collector be able to go after both combined? how it works with the SOL in this case? is it counted individually for each CC or grouped?

thanks in advance. I can't seems to find anwser to this anywhere.

Someone else will be able to go in more detail, but it's individually and from late payment not last payment. For instance your last payment was 5/2006, but your over 30 day late was 7/2006. Also it looks like your talking about the seven year report on CBAs, not SOL. If it's been over seven years and you have proof, you can't be forced to re-pay in most states and they aren't allowed to pursue collections or affect your credit report. See if this link helps.

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Anonymous · ‎01-21-2016

bdhu2001 thank you for your reply.

Yes, I was asking about SOL for collectors on debts. My state has a 6 year SOL. I was asking if collectors can sue on a CC past its SOL if if I had a second CC with a later date.

I found out I have a judgment on my credit report that i did not know about, now one CC seems to be in the 6 year one month time frame but a second card was way pass the 6 year. If I understand right, i can only be sue for one of my CC and not the one pass the SOL. right?

Another question i have is: If I have a judgment on my report do I still have the right to erase closed unpaid accounts from my report if it has being past 8 years?

thanks again.

trying to figure out the rules and deciding what to do.

apreciatted.

bdhu2001 · ‎01-21-2016

@Anonymous wrote:
bdhu2001 thank you for your reply.

Yes, I was asking about SOL for collectors on debts. My state has a 6 year SOL. I was asking if collectors can sue on a CC past its SOL if if I had a second CC with a later date.

I found out I have a judgment on my credit report that i did not know about, now one CC seems to be in the 6 year one month time frame but a second card was way pass the 6 year. If I understand right, i can only be sue for one of my CC and not the one pass the SOL. right?

Another question i have is: If I have a judgment on my report do I still have the right to erase closed unpaid accounts from my report if it has being past 8 years?

thanks again.

trying to figure out the rules and deciding what to do.

apreciatted.

Judgements usually doesn't change the time frame of when the bill can be collected. The collection is based on the first over 30 day late. So in answer to your question, they should not be able to collect, but collection is dependent on the type of account or loan. Remember student loans don't fall under these guidelines. But for more specifics for your state, here's a link.

Original Mortgage maturity Sept 2044; Refi maturity Dec 2030
Starting Score: EX 751 EQ 720 TU 737 on 4/9/14
Current Score: EX 849 EQ 835 TU 843
Goal Score: 850

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Anonymous · ‎01-21-2016

oh wow...I am confuse, I thought it they sue you withing the SOL and they get a judgment on it they are allow to collect and that judgment is open for up to 20 years or so. Did i undertood this wrong?

my debt was from Credit Cards..two of them. #1 for $200 last payment 05/11/2006..and #2 for $100 last payment 01/22/2008

and my judgment was on a case filed 02/11/2014

did i missunderstood the laws?

I thought if judgment within SOL they can collect anytime.

thanks again

RobertEG · ‎01-21-2016

Whether or not a given debt is "beyond SOL" is a determination that can only be made by the court.

While it may be apparent from a given scenario that the debt is likely outside of SOL, there can an often are factors at play, such as a prior partial payment or change of residency, that can affect SOL once known in court.

Thus, the issue must be raised before the court/judge and a finding that the civil action is dismissed due to expiration of SOL before it is legally "beyond SOL."

A creditor or debt collector might bring a civil action believeing the SOL had not expired, only to have the issue raised by the consumer and agreed to by the court.

Different accounts are different debts with different facts, and the issue of whether a separate account/debt is or is not outside of the SOL is not relevant.

Anonymous · ‎01-21-2016

ok..thanks a lot for very useful information.

what I still question in your explanation is, even though the judge/court have the final work whether or not it is beyong the SOL there has to be some rules/laws they must follow. I understand some factors that my alter the rules but will wish to understand others I don't. example..how does, change of residency affect the SOL of a case? how will moving to new city, State or country alter the SOL of a case? please let us know.

thanks again and again. I hope more question are being answer for others as well.

Knowing is important.

Thanks

RobertEG · ‎01-21-2016

When a party brings a civil action on the debt, the SOL that must be used by the court is the SOL of the state in which they bring the civil action. State courts are bound by the laws of their jurisdiction.

Thus, moving can put the consumer under an entirely different statute.

It can get complicated. Under the FDCPA, a debt collector has the option of bringing civil action in either the jurisdiction of current residency of the consumer, OR in the jurisdiction where the contract witth the original creditor was signed. Thus, the SOL used at trial would depend upon where the action is brought.

Additionally, many states have "borrowing" provisions in their SOL, which adress the issue of prior residency in another state by explictly incorporating the SOL period of your prior state of residency if it is less than that of your current state.

In addition, if you move out of country, many states will exclude periods of residency outside the U.S. from the SOL period.

SOL statutes can be legally and factually complicated, and not readily determined by only a look at one or two factors...........

Anonymous · ‎01-27-2016

@Anonymous wrote:
ok..thanks a lot for very useful information.

what I still question in your explanation is, even though the judge/court have the final work whether or not it is beyong the SOL there has to be some rules/laws they must follow. I understand some factors that my alter the rules but will wish to understand others I don't. example..how does, change of residency affect the SOL of a case? how will moving to new city, State or country alter the SOL of a case? please let us know.

thanks again and again. I hope more question are being answer for others as well.

Knowing is important.

Thanks

Another thing to keep in mind is that SOL is an "affirmative defense" - that means YOU must show up in court and claim the item(s) are past SOL. It is not automatically checked by the court. While a creditor can lump several items together in one lawsuit, they CANNOT lump the SOLs together. Each individual debt in the suit will have its own SOL, and can be excluded from the total if you claim SOL defense.