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MO SOL?

Date: Tue, 03/25/2008 - 19:45

Submitted by Shawna_bergeron
on Tue, 03/25/2008 - 19:45

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Total Replies: 6


my husband had taken a loan from his ex mother in law in 2000 to cover rent and car payments and such. She had him sign a paper for repayment though he hasn't paid anything she is now threatening to take him to small claims court to get the money what is the SOL on a contract like this? And even though his ex-wife didn't sign wouldn't she be liable for half being they were married at the time and in their divorce it states all debts secured during the marriage are to be split by both plaintiff and defendant? We don't actually think she would we think she's just trying to get money out of us like she always does- I can't tell you how many times we've taken groceries to her but just wanted to know the law. TIA


The Sol of your state for any written contract is for 10 years. Hence, if you owe her money better you pay it off.

Quote:

And even though his ex-wife didn't sign wouldn't she be liable for half being they were married at the time and in their divorce it states all debts secured during the marriage are to be split by both plaintiff and defendant?


If she hadn't signed the loan contract she isn't responsible to pay for the loan partly or fully.


lrhall41

Submitted by on Thu, 03/27/2008 - 03:36

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Missouri Statutes of Limitation

Written agreement that contemplates the payment of money or property: 10 Years, (Mo.Rev. Stat. ????5l6.ll 0). NOTE: Under certain circumstances, the contractual statute of limitations may be reduced to five years.

Open accounts: 5 years, (Mo. Rev. Stat. ????5l6.l20).

Sale of goods under the UCC: 4 years. NOTE: The statute begins to run from the date when the breach occurred for contracts and from the time of the last item in the account on the debtor's side for actions on accounts


lrhall41

Submitted by kashzan on Thu, 03/27/2008 - 05:38

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In 1985 I signed a contract to be responsible for power bills
on a rental property if the tennant did not pay during winter
months to avoid frozen pipes. I sold the house in 1996 called the power company and sent a letter cancelling the contract.
This year 2008 I am getting a collection call for a bill in 2005
They said they were never notified of cancellation, but I sent
the letter in the same envelope with the final bill and they received it

Thank youE-Mail removed for your safety..Bossy4455


lrhall41

Submitted by on Sat, 12/06/2008 - 06:59

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If you sold the house in 1996, why would you have a bill in 2005? Has the collection agency sent you anything in writing? If not, nect time they call inform them they had 5 days from initial contact to send you details of teh account. Verify your mailing address and end the call. When they send you the dunning letter, respond with a letter requestting debt validation (DV).


lrhall41

Submitted by NASCAR_Devil on Sat, 12/06/2008 - 08:47

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The power company did not cancell the contract and reversed
a deliquent bill in 2005. I lived in Mo does the 10 year SOL apply on the written contract. I did hear from the CA and sent them proof of sale copy of last bill the letter of cancellation and copy of refund check stub. They have never
sent me DV. should I tell them MO-SOL is 10 years?


lrhall41

Submitted by on Sun, 12/07/2008 - 05:12

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