statute of limitations

Hi DaveB

Welcome to the forums. If the debt is in your name and you are required to pay, then you will have to pay it in order to avoid future legal actions.

You can also consult a financial planner who can help you in budgeting your finance. You can opt for some budget program through Consumer credit counseling Services. You will have to learn how to budget and manage your funds effectively.

Regards
Roxette

I have a friend who had a car that was assigned to be reposed. They never got the car and now the debt for the car is at a collection agency and has been since around 95. Does the SOL apply in this matter and does the person have to give the car back? The state is Colorado.

I need more info to offer help, what type of contract did you have? Is it a written one, if yes what was it?
Vikas

In the said situation, I understand that the car was assigned to be repossessed but the creditors did not take further action.

Now, this debt has been sent to the collection agency and they are trying to recover the money. If this is the situation, then the Statute of Limitation will apply on the mentioned debt.

The Statute of Limitation for the action to recover the possession of secured personal property is 6 years in Colorado.

Hence your debt is past the SOL period.

Regards
Roxette

they calculate the SOL from the time the account went deliquent where the place of business you were dealing with was located? and not where the collection agency is located?

is this correct?

The SOL will be calculated only from the date when the said account shows the date of last activity. It has no relation with the location of the collection agency or their taking of the accounts.

Remember, if you pay anything towards that particular account, the SOL will get renewed changing the date of last activity.

Regards
Roxette

I have credit card debt that was incurred in my home state of Louisiana. The SOL in Louisiana is 3 years and the date of last activity for my debt is 3 years and 7 months. I work in Georgia (3 years)for a Lousiana based company and have an apartment (cheaper than hotels) here in Georgia. I have a Lousiana Drivers license and will return to Louisiana when this job has finished. I do not consider Georgia my home and I did come up here with the understanding that this was temporary employment. The job keeps getting extended! I do receive Per Diem while I am here. I file Georgia state income taxes with my Georgia address.I do not own a home in Louisiana but claim that I live with my brother which I do pay rent and can produce rental receipts.

My problem is I have a collector that contacted my employer and found out that I have an apartment here. The collector also told my employer about my debts and also told my employer that he was going to garnish my wages, which I think is illegal. The collector contacted me and stated that he was going to take legal action here in Georgia. I received a regisitered letter notice to be picked up at the Post Office, which I did not pick up.

1. Should I pick up the registered letter?
2. Can I be sued here?
3. Does the SOL apply here or in Georgia?
4. Should I hire a Lawyer? Louisiana or Georgia?

Any info would be greatly appreciated?

Wayn052, considering the fact that the SOL applies of the state where the account showed last activity, Louisiana will come into picture.

You can send a written letter explaining the whole situation as you are exercising your consumer rights under the fdcpa act. Please send it through certified mail with return receipt requested.

No legal action will take place as your debt is past the SOL period. If the situation worsens, you can hire a lawyer for this purpose.

I was recently contacted by a collection agency for a debt to Franklin Mint. I am unsure of the year of the debt but it probably dates to 1996. They are offering me 20% off to pay off. I bought a house a week ago and when my report was pulled it did not appear. They are threatening me that it will ruin my credit score. Even more interesting they say they purchased the account from Franklin Mint but I have a notice from 2002 from a different agency who said they purchased the account. I live in Wisconsin, what is the statute of limitations? Also if we refinance our home will this be able to affect my score? The amount owed is $201.00

Hi tigger

The statues of limitation in Wisconsin for open contracts, professional services, or an open account based on a contract is 6 years. So, please pull your latest credit report and confirm the said account since it is already past the SOL period.

Also, you should ask the collection agency to provide you the complete details of your account.

http://www.debtconsolidationcare.com/validation.html

As per the fdcpa law, they are required to provide you the following information which will legitimatize this debt.

• The details of the account.
  
• All the calculation should be shown of the amount that is owed.
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
• Provide a verification or copy of any judgment if applicable
  
• The original creditor needs to be identified.
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.

If they are able to provide you the required information, then you can proceed further with payment arrangements. The collection agency cannot tarnish your credit report since it is already damaged because of this charged off debt.

They will be accepting any payment plan from you as long as you are willing to pay it.

Regards
Roxette

how long can a debt collectors be on my credit file, it seems there is one that keeps changing the last activity date and increasing the amount of a debt i do not own them. how can they get away with this, since i already paid the original debt.

Millies, the thing that the debt collector is doing by changing dates is legal offense. Any negative information appearing in your credit file stays for 7 years. And the collection agency is increasing the length of the damage in your file. I think that you should take legal help and consult your attorney.

Hi Ben
i sent the credit report companies some letters, the RMA has been removed from my credit file, but it seems this arrow financial services has become a nighmare for me.

Hi Millies

Have you communicated with Arrow Financial? What are they saying?

All of the collections are in my name only and I do not own our home and my name is not on any of the vehicles. The debt collector said that she would go after my husband and his bank accounts. She also said that they would start garnishing his wages. Can they do that since we keep all of our finances completely seperate?

Hi Helena

Welcome to the forums. Since you both have maintained your finance separately, I don't think legally it is possible to have your husband's wages garnished for your debt. However, has your husband co-signed any of the agreement deed with you relating to the said debt?

Do let us know if you find any discrepancy.

Regards
Roxette