Help with SOL with a towed car.

SOL for Nevada is 6 years for written contract and 4 years for oral, I have no idea if this applies to this debt though. When you got the letter was it from the towing company or the town/city?

hi--

in Nevada, which is the state's law that matters on this, the only thing longer than 6 years for SOL is a court judgment, contract under seal, and mortgages. This is none of the above.

Simply put, they can still try to collect it legally, but they cannot take any action, such as wage garnishment, without taking you to court. And since it is outside the SOL, they cannot legally take you to court unless you dont invoke the "Expired SOL" defense. In other words, all they can do is bother you if you choose not to pay.

Also, do you still live in Nevada? If so, you would be interested in knowing the law that Nevada has in place regarding collection agencies. It states that any collection agency, whether located in or out of NV, must be licensed with the Nevada Division of Financial Institutions in order to attempt to collect a debt on behalf of a Nevada creditor. The exact code is 'NRS & NAC 649' and it reads like this:

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I guess this is where it gets tricky. The Car is Regis tared in California under my Dad. And they are trying to collect the debt in California. But the debt started in Nevada. is that sorta thing going to make any difference?

what matters also is where you live--they are calling you to try to get money. Where are they calling? Are you in Cali or NV? Also, the place that stored the car and originally started the debt, they are in NV, is that correct?

The Car was in NV was towed and sold in Nevada. I live in Nevada the Collection Angecy that is trying to collect is from California. They are contacting my dad in California as well.

Look up the case law Pintos v. Eperian argued and submitted January 9, 2007 by the Ninth Circuit Court of Appeals in San Francisco. It mirrors your case. It also questions CAs pulling credit reports.

Sorry, typo. I meant Pintos vs. Experian.

well, it is a similar case, but the complaint was completely different. here's the thing--in Nevada, the law states that any debt collector that attempts to collect a debt for a Nevada client, inside Nevada, must be registered with NV to do business legally. So, you need to check the name of the CA against the NV website to see if they are registered. If they are not, then that's one thing you have them on.

Next, the debt is outside SOL. There is no way around that unless you do not assert it. SOL is a defense that you have to actually invoke, the court will not throw a case out on its own due to SOL. You must bring it up if it is an issue. And in this case it is--8 years is longer than the law allows for SOL down there. They can still call you and send you letters at that point but they cannot take any stronger action, such as filing a lawsuit.

Third, there is the cease and desist letter. I would just send them this letter by certified mail and enjoy the peace and quiet. Man, this wasnt even your car, so it isnt like you accumulated this as a legitimate debt.

Fourth, they are attempting to collect the same debt from both you AND your father at the same time? One of you is a third party on this deal. One of you is the legal registered owner of record back then and the other is a third party. And the fdcpa(federal law) specifically limits third party contact. They cannot, as far as I can recall, legally try to collect from both of you at the same time. This isnt a debt where both of you were named on a contract--there was no contract.

Finally, the case law that Lawstudent posted is important--if either of you have this CA pulling your credit files, you need to put a stop to that immediately because they do not have the right to. That is what the case law was about--the lady lost the trial but won on appeal. The law allows a CA to pull your credit file when there has been a credit transaction involving them--but there was no credit transaction agreed upon between you/your dad and the creditor here. So, if you see that they pulled your credit file, time to send them a letter CMRR demanding that they remove the inquiry or face a lawsuit.

Many people here are of the mistaken belief that all they have to do is wait out the SOL period and they don't owe their debt any more. Well, you are flat out wrong. A debt is still owed no matter if it is 1, 5, 10, or 50 years old. You still owe the money. We can still collect on it. We can still sue you legally. The only thing you can do is use the SOL as an affirmative defense to avoid a judgement, but it is up to you to prove that the debt is outside the SOL. And you'll really look like a low life for using such a defense in court. You will be remembered by everyone there as the deadbeat who just cheated his creditors long enough to use such a defense. You'll have to slink out with your tail between your legs. You're better off just paying what you owe.

dude, youre an idiot

first, he doesnt owe anything, it isnt even his car! its his dads car, can you even read? why should he pay for his dad leaving a car somewhere and it got towed? you collectors get dumber with each new troll post--try READING next time before you thnk ya know it all
second, you cannot legally sue someone outside of sol thats why when you do, and sol is the defense, it gets DISMISSED. if you could legally do that it wouldnt get dropped like a hot rock.
third, the only way that sol would not be proven is if the collection agency didnt have the validation info that the law requires or if they reaged the debt. telling the truth would show the actual age of the debt but we cant count on you liars to do that.

heres a great idea, instead of trying to sound holier than everyone else all the time why dont you morons just follow the law? if your cause really is just as you always try to claim then follow the damn law. how does breaking that law serve your cause?

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