SOL Help - Upcoming Judgement

[Anonymous]

I need some help in regards to SOL.  Is the SOL based on the OC or the CA?  I have a cc account that has been charged off that now a CA is filing a judgement.  Does the SOL begin based on the last time I paid the OC or is it based on when the CA bought the acct?

[Anonymous]

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falcon64 wrote:

 Does the SOL begin based on the last time I paid the OC or is it based on when the CA bought the acct?

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SOL starts on the first day they had reason to sue you. So, when you went deliquent on the debt to the OC.

[kiki2]

SOL runs either DOFD or DOLA depending upon your state.  If you live in a DOFD state then yes it would be solely based upon the OC but if you live in a DOLA state I would think that it could be reset with a payment to a CA, (I am certainly not an expert, so please be sure to verify). 

You just need to be sure to ANSWER the summons regardless.  I was actually served a summons recently on a cc debt beyond SOL.  The CA's are hoping that you do not know your rights and banking on you not responding.  These guys are able to collect default judgements on time barred cases simply because people are too embarrassed to respond or they just don't want to deal with the hassle of responding. 

Good Luck!

[Anonymous]

What is your SOL?   what is the DOFD/DOLA?

Is the OC still reporting?  It is the OC that sets the DOFD   BUT the DOLA can change with any payment IF your state SOL goes by DOLA.

If you have not sent a DV to the CA  do so now!

I take it that you have received a summons to appear.......call the courthouse and ask how you answer it.

Some states will mail you papers that YOU fill out and mail back within 30 days.

You must appear in court or they will issue a judgment.

Also at times the CA or their attorney doesn't show up & YOU can get it dismissed. But you must be there.

Also were you living in the same state when you applied & received the CC?

Message Edited by HappyDays on 04-06-2008 10:00 PM

[Anonymous]

What is your SOL?   what is the DOFD/DOLA?

SOL for NC is 3 yrs based on everything I can find.  The OC DOLA is 1/05.

Is the OC still reporting?  It is the OC that sets the DOFD   BUT the DOLA can change with any payment IF your state SOL goes by DOLA.

The OC is listed on CR as charged off as bad debt.

If you have not sent a DV to the CA  do so now!

Next on my list of things to do after answering the summons.

I take it that you have received a summons to appear.......call the courthouse and ask how you answer it.

On my list of things to do today.  Based on the paper, it looks like I just have to mail it in to the courthouse that I recieved it, but I want to call to verify.

Some states will mail you papers that YOU fill out and mail back within 30 days.

You must appear in court or they will issue a judgment.

Also at times the CA or their attorney doesn't show up & YOU can get it dismissed. But you must be there.

Also were you living in the same state when you applied & received the CC?

I was living in the same state.  Based on what I have read on the NC Justice website, the summons was not severed properly because it should be issued for the county that I live it, but it was not.  So, I am hoping that between the wrong county and being over the SOL, I can keep a judgement from hitting my CR.  Right now, the CA wants twice the amount of $ that was owed to the OC.  And I already owed the OC twice the amount of my CL due to fees and interest.  It is not necessarity that I don't want to pay them, I just don't have the money.  I just joined this site on Friday after receiving the certified letter/summons & have been reading all weekend trying to get myself out of this mess.

Thanks for everyones help!!

[Anonymous]

If you were not served right  find out what you do     they should be able to tell you at the courthouse. This will get it dismissed. They will need to refile.

You are past SOL. Take all CR showing the DOFD/DOLA.

if you need more proof.....dispute the OC....when it is verified by the CRA....send an OC letter to the OC.........they must answer & you should have a complete accouny history

I would also get an attorney & file a counter suit!! Or do so yourself.

I also have a letter that you can send with the DV    do not sign either.

Do you need the DV letter??

Letter telling the CA that you are past SOL

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Thank You,

TYPE YOUR NAME    do not sign