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What is the SOL on a credit card account held by LVNV Funding?

Date: Tue, 06/10/2008 - 20:26

Submitted by anonymous
on Tue, 06/10/2008 - 20:26

Posts: 202330 Credits: [Donate]

Total Replies: 9


In my credit report, I see

Account Name: lvnv funding llc
Account Owner: Individual Account
Type of Account : Open

From SOL of Georgia, I see

Written contract: 6 years from from the date of last payment. (OCGA 9-3-24)
Open account; implied promise or undertaking: 4 years

Lawyers here insist it is an written contract so SOL is 6 years, because it is originally from a credit card bought by LVNV.

Shall it be 4 years instead?


I'm supposing that its a credit card account that you're talking account. If so then by the latest amendment in the laws the SoL on a credit card account has been extended to six years.

According to the amendment, the statue of limitation on a credit card account in Georgia is six years and the SoL starts just after the amount becomes due and payable.

Hope the input helps. Do correct me if I've got you wrong.


lrhall41

Submitted by tweetyturner on Wed, 06/11/2008 - 02:18

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When it comes to protection of the consumer Fed law always trumps state law where less protection under the is provided. US Supreme Court Clause 1968


lrhall41

Submitted by on Thu, 06/12/2008 - 12:36

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Hi,
I have gone through various websites namely, bankrate.com/brm/news/cc/20040116b2.asp?caret=8 and fair-debt-collection.com/SOL-by-State.html#11, including http://www.debtconsolidationcare.com/statute-of-limitation.html where it is mentioned that the Statute of Limitation for Open-accounts is 4 years.

Please correct me if I am wrong (it will be helpful if someone gives back-up reference to his/her answer).
Thnx,
Novice


lrhall41

Submitted by novice on Thu, 06/12/2008 - 22:33

( Posts: 290 | Credits: )


Phrank, you are ignoring the fact that the account is inaccurately reported to start with. LVNV is a collection agency / junk debt buyer. They do not extend credit to anyone, they collect on old [often worthless] debts originally belonging to others.

[quote=Phrank]In my credit report, I see

Account Name: lvnv funding llc
Account Owner: Individual Account
Type of Account : Open[/quote]

Reporting a collection account as an open account is one of their nasty little tricks to make it damage your credit worse. It's also a violation of federal law [FCRA], you could sue them for it.

You need to send LVNV a DV letter, CM/RRR. Wait until you get the green card back, then dispute with the CRAs.


lrhall41

Submitted by unclewulf on Fri, 06/13/2008 - 03:45

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A written contract would have a fixed payment schedule, ie pay 100 per month for 6 months.

An open account is where you may have a written contract, but the amount due changes over time based on debits and credits tracked by the creditor.

A credit card is an open account.

Therefore, the sol would be 4 years from the date of the last payment (or promise to pay).


lrhall41

Submitted by on Fri, 06/13/2008 - 08:14

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[QUOTE=unclewulf;324636]
Reporting a collection account as an open account is one of their nasty little tricks to make it damage your credit worse. It's also a violation of federal law [FCRA], you could sue them for it.[/QUOTE]

Unclewulf, can you furnish the exact statute within the FCRA that deals specifically with open collections? I cannot find anything dealing with this in the FCRA.

Thanks in advance,
r2r


lrhall41

Submitted by on Thu, 09/17/2009 - 12:14

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