topic Re: SOL'S in General Credit Topics

SOL'S

Anonymous — Fri, 19 Sep 2008 13:45:32 GMT

ok i have a quick question ...i found a site that lists all states and their statute of limitations..im asking about a cell phone bill where the DOFD was 2/2002...should this have been deleted off my account in 2006?.....i live in pennsylvania and the site says:

Pennsylvani Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).
i remember one of the individual reports saying that it will fall off in Oct. or Nov. but i want it gone now if thats whats suppose to happen. Now does it make a difference that i now live in PA but the account was opened while i was living in VA??
Virginia Statutes of Limitation
Open account: 3 years from the last payment or last charge for goods or services rendered on the account.

Written contracts (non-UCC): 5 years.

Sale of goods under the UCC: 4 years.

Virginia Judgments: 10 years, and renewable (extended) to 20 years.

Foreign judgments: 10 years.
ALL COMMENTS OR SUGGESTIONS ARE WELCOMED

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 14:34:52 GMT

Fused (or was it SideWinder or Ilecs??? Brain's not being my friend this morning!) said that there's a Federal SoL that trumps state, that says SoL for cellphones is TWO years.

Give me a sec and I'll find a link for it!

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 14:40:14 GMT

Here you go!

http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000415----000-.html

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 14:49:41 GMT

Yep- federal SOL on "carriers" is 2 years

CRTP- (how long it can remain on your credit report) is based on FCRA 7 years past DOFD.

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 15:00:39 GMT

oh ok.. so basically it can still remain on the reports for 7 years and they cant take legal action to collect it beyond 2

Thanks guys and gals!!

Re: SOL'S

athensguy — Fri, 19 Sep 2008 15:05:13 GMT

Be careful. They can still take legal action. The difference is that if they do you can use the SOL defense. If you don't show, they'll still probably get a default judgment.

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 15:09:44 GMT

thanks athensguy...but the other question wasnt answered...does it matter which state you lived in when the account was opened ?..or is the SOL only based off the state you currently live in?

Re: SOL'S

Anonymous — Fri, 19 Sep 2008 16:04:42 GMT

They can sue you in the state the account was opened or the state you currently reside-

The SOL will be applied in the state the SUE you in.

Like we said- The Federal SOL on carriers trumps the state laws and sets the SOL at 2 years.

UNSTOPPABLE wrote:

thanks athensguy...but the other question wasnt answered...does it matter which state you lived in when the account was opened ?..or is the SOL only based off the state you currently live in?