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how long is a statuteof limitiation

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PostPosted: Wed Sep 07, 2005 10:26 am Subject: how long is a statuteof limitiation

How would a person find out how long the statute of limitations is in their state? Is reporting on a persons credit report goverened under the laws of the state they live in or the state where the debt is serviced?
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PostPosted: Wed Sep 07, 2005 11:02 am Subject:

Hi lc.wilson,

Statute of limitation is defined under the State Civil Code. It varies for different states and it also depends on the type of debt that you owe.

Statute of limitation is calculated from the date of last activity seen in the account. You can contact a consumer attorney to know the SOL applicable for your account in detail.

You can also look at the following page to have an idea on the statute of limitations for different states-
fair-debt-collection.com/statue-limitations.html

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Bryan

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PostPosted: Thu Dec 29, 2005 4:09 pm Subject: statute of limitation on credit card account

I liveinTexas. What is the SOL for collecting an outstanding debt on a credit card.

Thank you for you help and response

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PostPosted: Thu Dec 29, 2005 4:28 pm Subject:

Hi Charles

Welcome to the forums.

The statute for legally collecting the debt in Texas is 4 years. Once your debt is out of the SOL period, you can escape any legal actions and can't be forced to pay it. Make sure that you do not make payment towards your debt account otherwise the date of last activity will be activated and this will renew the SOL period. All the legal actions are possible during this period and you will have to pay it.

If your debt is within the statutes, consider paying it as early as possible so that there are some improvements in your credit scores.

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PostPosted: Tue Jan 03, 2006 11:08 am Subject: statute of limitations... can it be extended by "sellin

can the statute of limitations be extended?

Scenario:
Debt is sold to another collector in the last year/months before statute runs out

Question: Is it LEGAL to sell for purposes of
Re-assigning an acct number, Re-assess a new balance and then Re-report to bureaus??

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PostPosted: Tue Jan 03, 2006 11:11 am Subject: statute of limitations... can it be extended

Another thought..

Since the name of creditor has changed, as well as all the other identifiable info (acct,name,balance,etc) How can I even have this disputed/removed?

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PostPosted: Tue Jan 03, 2006 11:39 am Subject:

Selling a debt does not automatically extend , or "re-age" the statute of limitations (though many unscrupulous collection agencies do try to do this.

The statute of limitation begins to accumulate on the date of last activity or the last date you you made a payment on the account. If you owe company X $300 dollars and pay $200, then don't make any payments for 6years and 6 months, then you make a payment to them (or their collector) for $25.00, the statute of limitations restarts as day one, and seven years (or what ever your state laws allow for) must elapse before the statue of limitations runs out.

You need to check your state laws, in some states, the simple act of discussing the debt may cause the statute of limitation to re-start.

Also, even though a debt has been sold, the collection agency must still identify the original creditor.


Quote:
Scenario:
Debt is sold to another collector in the last year/months before statute runs out

Question: Is it LEGAL to sell for purposes of
Re-assigning an acct number, Re-assess a new balance and then Re-report to bureaus??


In the case of a debt sold to a collection agency or debt buyer, they DO NOT become the original creditor, they are still a collector as defined under Federal Law. This has been stated in several FTC staff opinions to the collections industry. The clearest explination is in the FTC staff Letter to Kimberly Arbuckle of midland credit management, you can see it at:
http://www.ftc.gov/os/statutes/fdcpa/letters/arbuckle.htm

The debt changing "owners" in and of itself does not change the status under the statute of limitation. New Balances (i.e fees, additional interest, etc) can only be assessed if allowed under state laws, and then are governed under state laws. If state laws car or limits interest or others changes, they would also limits that debt.

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PostPosted: Mon Apr 24, 2006 11:18 am Subject: old balance owed to an insurnace company for cancellations.

There is an Insurance company that has reported me to the vector reporting agency for a balance of $720.00 from a policy that lapsed before 12 months. This was over 7 years ago. What is my statue of limitations on this balance? Thanks
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PostPosted: Mon Apr 24, 2006 12:15 pm Subject:

Robert, let me know the name of the state where this insurance took place. Each state has its own statute of limitations period. It is set from the date when you last defaulted on the payment.
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PostPosted: Mon May 22, 2006 1:35 pm Subject: credit card debt

i just got a letter from a collection agency, for a cc that i havent used since 99, and has been closed since 2000. i have not made payments on this, and all of a sudden i get a letter saying i owe a certain amount plus tons in interest... i live in pa, i am way over the statue of limitations, i think... what should be my next course of action...
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PostPosted: Mon May 22, 2006 1:57 pm Subject:

you never made any payment at all or you haven't made payments since 2000? the statute of limitations in PA for open accounts is 6 years to dale for SOL would be 6 years from the date of last activity (i.e Payment).
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PostPosted: Mon May 22, 2006 4:36 pm Subject:

Please corrct me If I'm wrong. The SOL starts after your CC is charged off. You miss your first payment now the account is 30 days late, It will charged off 6 mos later (180 days) so 30 plus 180 = 210. Your SOL starts then.
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PostPosted: Mon May 22, 2006 4:53 pm Subject:

Disregard above post I had a brain cramp, My post above is the 7 yr period for reporting on the CRs.
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PostPosted: Mon May 22, 2006 5:00 pm Subject:

The SOL starts from the date you last made the payment activity. The SOL varies from state to state. So, the SOL of that state should be checked where the account was originally opened.

The negative information will stay in the file for a period of seven years. This begins from the date it turned delinquent first.

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PostPosted: Tue Jun 13, 2006 1:33 am Subject: debt

spoke with the county on receiving help with medical bills back in 1996, they told me to receive help from them they'd have to service judgement. i decline their help, my credit doesn't show any judgement had ever been filed. i received a letter from a collection agency, saying that county has issued a aid lien account to there office..what do i do
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