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Posted: Tue Apr 15, 2008 10:25 am Subject: sol

i was hoping someone can tell me if my account is past sol. i opened an account in dec 03. it has never recieved a payment so it has pretty much been a deliquent account since the first statement. a company called cach llc filed a claim against me on march 20, 2008. are they still able to sue me?

Posted: Tue Apr 15, 2008 10:28 am Subject:

what state are you in?

Posted: Tue Apr 15, 2008 10:29 am Subject:

What state do you live in. Even if it is past the SOL they can still sue you. How successful they are depends on how you make your case. CACH is known for falsely redating debts. Go t =o www.budhibbs.com and click the "agencies to avoid" link. you can read about them there. You must send them a validation letter and ask them to prove that the debt is not beyond the statute.

Posted: Tue Apr 15, 2008 11:25 am Subject:

i live in the state of california.

Posted: Tue Apr 15, 2008 11:29 am Subject:

California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

Guest · Posted: Tue Apr 15, 2008 11:56 am Subject:

i am not sure if i ever made a payment after it has been in collections. what letter should i send to cach llc to find out?

Posted: Wed Apr 16, 2008 5:49 am Subject:

You can send them a debt validation letter (you can find a good template via my signature) send it certified mail, return receipt requested.

Posted: Wed Apr 16, 2008 6:25 am Subject:

It is too late to DV...they have already filed a suit against the OP. What you need to do is motion for discovery and demand all the documentation on this account, the signed contract/agreement, statements for the life of the account, etc. That way you can get the date of last activity and then use the SOL defence...motion to dismiss based on SOL...if they fail to provide the discovery, then you can motion to dismiss that way as well.

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