SOL

[marley1945]

I have 2 baddies that are pasted the SOL (ca 4yrs).  If the CO takes me to court what can I use as evidence : CRA reports, CC statemnets.  I'm not being sued but trying to get myself prepared just in case.  Any help would be appreciated much thanks in advance.

[Anonymous]

Any thing that you have that would determine what the DoFD was on the account.  SOL generally starts from that date.  However, the judge will make the final determination.

[RobertEG]

The creditor's billing statements are directly from the creditor/plaintiff, and would be the best evidence in establishing the relevant date of commencement of the SOL period, unless your state has some reset provision, such as for payments made or firm offers to pay.

In that case, those documents would become the evidence establishing the date.

[samsun]

i moved from nv to mo recently the sol on my nv originated accts expired fall 13. i just moved here.. u guys think that would be an issue if i try to get cra remove CAs reporting the accounts? thanks

[Anonymous]

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@samsun wrote:

i moved from nv to mo recently the sol on my nv originated accts expired fall 13. i just moved here.. u guys think that would be an issue if i try to get cra remove CAs reporting the accounts? thanks

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SOL of the states only have to do with when you can be sued.  They have nothing to do with reporting time.  That is determined by the DoFD of the OC account.

Welcome to the forums.

[samsun]

so most of my collections are due to come off starting this summer to next.... but i see the crs full of these CAs reporting every month... if out of sol, should i do DV or lay low for one more year as  they are all due to fall off?

thanks

[RobertEG]

Your period for filing a timely DV has most likely expired, providing they sent prior dunning notice.  It would thus have no effect on the debt collector.

If the debt is legit, even if the DV were still timely, then verification would be pro-forma, constututing nothing more than their statement that they have basis for verifying the debt. 

With little or nothing likely to be gained, I dont see a benefit to filing a DV unless it is both timely, and you have a legitimate basis for contesting the debt.