Please help...

[Anonymous]

Statue of Limitations (MA)

If anyone could help me out, I am getting conflicting information. I live in Massachusetts and have a collection agency about to take me to court. Our statue of limitations is six years, but I don’t understand whether it is six years from the last payment or six year from when the account went delinquent.

For example, in May 2009 I missed my first payment, caught up right away (30 day late marked on report). In September 2009 my credit report states 30 days late. I made a payment 10/2009 (doesn’t appear to have been enough to bring the account current). This was my last payment.

Credit Report History:

5/09 30

6/09 through 8/09 ok

9/09   30

10/09 60

11/09 60

12/09 90

01/10 120

And so forth…

My question is, When does the statue of limitations begin? The collection agency does not provide the “can not sue due to time” statement on their communications.

According to Experian, the account is schedule to fall off 5/2016. Trans Union states 7/2016. Very confused, please help. Thank you in advance.  

[Anonymous]

Sorry I don't have an answer for you. I've seen a number of people looking at the post and not answering. Hopefully, someone will have an answer for you soon. Good luck!

[Anonymous]

thx for trying

[Anonymous]

It is the 9/09 date, which is the DoFD, the Date of First Delinquincy that led to the CO.

If you can get a written report from EQ, they are good at showing the DoFD.  You have to get it from them directly, as in your free annual report, or from them after a dispute or from getting credit denied by a creditor.

HTH

ETA: If your SOL is 6 years, it would be up this month.  It might come down to the exact day of the month, not sure about that.  If it is indeed past the SOL, that means you cant be sued and get wage garnishment.  It does not extinguish the debt, it i still there and valid.  Even after 7 years when it is no longer displayed in normal CRs, it is still a valid debt.

[Anonymous]

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@Anonymous wrote:

Statue of Limitations (MA)

If anyone could help me out, I am getting conflicting information. I live in Massachusetts and have a collection agency about to take me to court. Our statue of limitations is six years, but I don’t understand whether it is six years from the last payment or six year from when the account went delinquent.

For example, in May 2009 I missed my first payment, caught up right away (30 day late marked on report). In September 2009 my credit report states 30 days late. I made a payment 10/2009 (doesn’t appear to have been enough to bring the account current). This was my last payment.

Credit Report History:

5/09 30

6/09 through 8/09 ok

9/09   30

10/09 60

11/09 60

12/09 90

01/10 120

And so forth…

My question is, When does the statue of limitations begin? The collection agency does not provide the “can not sue due to time” statement on their communications.

According to Experian, the account is schedule to fall off 5/2016. Trans Union states 7/2016. Very confused, please help. Thank you in advance.  

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Has the CA actually filed a case in court? If the CA is suing you then you would get a summons to appear in court.

Many CA's send letters saying they can take you to court even though they have no intention of doing so 

[Anonymous]

No, not yet. They sent me a strongly worded letter stating that they have reviewed my case and decided to file against me. They requested my income, expenses and proposed payment plan as the final appeal before filing. I was worried because I thought the statue of limitations didn't end until next month due to the Oct. 09 payment so I scribbled my income on the bottom of the form. I did not sign the paper or fill out expenses sheet. I especially did not propose a payment plan because I was afraid it would restart the clock. In our state they are required to write on any communication that the debt can not be sued so due to sol so I thought I was still within the sol. Thanks for the replys

[lesse]

Hey

You are good.. alot of times they will try to strong arm you since you were at or right about to hit the end of SOL ... i actually had a company take me to court and i filed a motion to dismiss based on the fact that they didnt properly serve me the papers (which got it thrown out) my next step would have been to file anther motion indicating that they were past the SOL (or maybe i did it together at the same time) either way i won i dont think you have anything to worry about and if they do take that step you will win (even without a lawyer) the steps are online and super easy to follow just takes time to review it.

Good luck again

[Anonymous]

Thanks so much

[Anonymous]

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@Anonymous wrote:

No, not yet. They sent me a strongly worded letter stating that they have reviewed my case and decided to file against me. They requested my income, expenses and proposed payment plan as the final appeal before filing. I was worried because I thought the statue of limitations didn't end until next month due to the Oct. 09 payment so I scribbled my income on the bottom of the form. I did not sign the paper or fill out expenses sheet. I especially did not propose a payment plan because I was afraid it would restart the clock. In our state they are required to write on any communication that the debt can not be sued so due to sol so I thought I was still within the sol. Thanks for the replys

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If they have not filed yet, then you are almost certainly in the clear. If they DO file in the next few weeks, do NOT let them get a default judgement, make sure you respond and assert a defense based on the SOL.

[Anonymous]

Will definitely show up, ty