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Statue of Limitations

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Anonymous
Not applicable

Statue of Limitations

Okay, who can help me out here....

 

If I had a private student loan (citi) that was charged off and a CA has been collecting it since 2007...How does a statue of limitations apply to this? I am in FL.  What is exactly a statue of limitations?
Thanks 

Message 1 of 4
3 REPLIES 3
llecs
Moderator Emeritus

Re: Statue of Limitations

Statute of limitations (SOL) is the time frame a creditor has to sue you for an unpaid debt. SOL can range anywhere from 3 years to 15 years depending on your state's laws and the debt type.

 

http://www.bankrate.com/finance/credit-cards/state-statutes-of-limitations-for-old-debts-2.aspx

 

Trust, but verify, the SOLs above. I found a mistake once. Florida's laws would accurately spell out the SOL. Assuming it is correct, your SOL for a written contract would be 5 years. The clock starts ticking at the DOFD of the debt which would be prior to when the CA first started collecting. Pull your CRs directly from annualcreditreport.com to get an accurate DOFD. In some states, SOL can restart if you make a payment, a written promise to pay, among others. Check FL's laws to be sure.

 

In terms of credit repair, SOL only matters if you don't have 100% saved up by which to avoid a judgment, and you are still inside SOL.

 

ETA...this info is for a private loan. Not entirely certain on a gov't-backed loan, but I know the collection attempts and garnishment rules are much different.

 

___________________________________________

 

ETA2....Ignore the above, OP. None of it applies assuming this is the same reference to your other post in here. If I read right, you are already at the garnishment stage. The above SOL only applies if you weren't sued yet. Now there's a new SOL that applies in that the plaintiff has X years to collect or to reaffirm the judgment. That varies by state. I'm in VA and it's 10 years. I think Cali is 10 years. I don't know FL, but I'd guess 10 years. This SOL clock starts at the judgment date. And in some states, the judgment can be reaffirmed for an additional extension.

 

Message 2 of 4
Anonymous
Not applicable

Re: Statue of Limitations

No, I am not at the garnishment stage at all...I never said that I was...I am just asking for knowledge and education. I have been paying them for five years...I have 10K and I just want to pay them off...htey are horrible to me...I just want to make a payment...I try to make $300 payment and they want more...they will not leave me alone. they just want me to pay more...I am making every effort possible to pay them off. If I could get a personal loan , I would love to pay them off so I could pay them off quickly...it would be a miracle for me.

Message 3 of 4
llecs
Moderator Emeritus

Re: Statue of Limitations


@Anonymous wrote:

No, I am not at the garnishment stage at all...I never said that I was...I am just asking for knowledge and education. I have been paying them for five years...I have 10K and I just want to pay them off...htey are horrible to me...I just want to make a payment...I try to make $300 payment and they want more...they will not leave me alone. they just want me to pay more...I am making every effort possible to pay them off. If I could get a personal loan , I would love to pay them off so I could pay them off quickly...it would be a miracle for me.


Ah...OK. You mentioned "garnish" in your other thread when asking about amounts withheld. I didn't know that it was a worst-case scenario-type question. You have to be sued before they can get a garnishment for a private loan. The amount in a garnishment can vary based on state law. I'd guesstimate 1/4 to 1/3 of your net pay. There is certainly room to rework this and you can even ask the court for a lesser amount.

 

Do you have a payment agreement with this CA? If not, you might want to consider getting on one. Again, save $$$ on the side for that worst-case. Without an agreement in writing, they can ask for more at any time. In their mind, if you can pay $200, then you  can pay $300. If you pay $300, then in their mind, you can pay $400. And so on.

 

In some states, a payment can reset SOL. You might want to check FL's laws to be sure.

 


 

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