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how long is a statuteof limitiation

Date: Wed, 09/07/2005 - 10:26

Submitted by LCW
on Wed, 09/07/2005 - 10:26

Posts: 1151 Credits: [Donate]

Total Replies: 19


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?


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

Regards,
Bryan


lrhall41

Submitted by 4u.bryan on Wed, 09/07/2005 - 11:02

( Posts: 819 | Credits: )


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.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 12/29/2005 - 15:28

( Posts: 4009 | Credits: )


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??


lrhall41

Submitted by on Tue, 01/03/2006 - 10:08

( Posts: | Credits: )


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.

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.


lrhall41

Submitted by LCW on Tue, 01/03/2006 - 10:39

( Posts: 1151 | Credits: )


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...


lrhall41

Submitted by on Mon, 05/22/2006 - 13:35

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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.


lrhall41

Submitted by john on Mon, 05/22/2006 - 17:00

( Posts: 1231 | Credits: )


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


lrhall41

Submitted by on Tue, 06/13/2006 - 01:33

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I have a delinquent account that reports on my credit as closed account as of 7/2005 and says estimated date this will fall off is 2009--I live in the state of texas and I was always under the assumption that it will take 7 years for it to be removed when after doing research found out statue of limitations for this state is 4 years...Is this correct..also, does date of closed account mean the same as date of last activity


lrhall41

Submitted by on Thu, 03/19/2009 - 20:14

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"Under Section 808 Unfair Practices of the Fair Debt Collection Practices Act under the Consumer Credit Protection Act, federal law prohibits a debt collector from collecting any amount (including any interest, fees, charge, or expense incidental to the principal obligation) unless such amount is expressly authoized by the agreement creating the debt or permitted by law.

If a debt collection agency owns your account, and you did not expressly enter an agreement to pay interest and fees to that collection agency, than they cannot charge you anymore than what the already existing balance is."


lrhall41

Submitted by Shazzers on Tue, 07/21/2009 - 20:51

( Posts: 17344 | Credits: )