Arbitration 7 SOL
Date: Mon, 12/01/2008 - 05:38
I am being sued to collect an arbitration that was awarded to a collection agency. Does this renew the SOL? I am in NH and the SOL is 3 years. This account was started in Iowa, but they are suing in NH so do I go by Iowa SOL (5 years) or NH SOL (3 years). Also, when they look at SOL it is from the date of first default correct?
Another question I have is, if I defaulted on a credit card and it was sold off to a collection agency, that old card still stays on my credit report for X years. Well, I just pulled my credit report and the old card is not even on there anymore (it was a couple years ago when I pulled the report). So, the date of default is even past 7 years from what I can figure correct?
If the SOL is past its limit they cannot sue for the collection correct?
Another question I have is, if I defaulted on a credit card and it was sold off to a collection agency, that old card still stays on my credit report for X years. Well, I just pulled my credit report and the old card is not even on there anymore (it was a couple years ago when I pulled the report). So, the date of default is even past 7 years from what I can figure correct?
If the SOL is past its limit they cannot sue for the collection correct?
If an arbitration award was issued, they would need to turn that
If an arbitration award was issued, they would need to turn that into a judgement to be enforceable. They must sue you where you live so if they are trying to affirm the arbitration, it must be done in your home state. SOL would have started at your last payment and it is an affirmative defense only. They can still sue and you would have to raise that as a defense.
So I can use SOL as a defense if we go to court, but cannot real
So I can use SOL as a defense if we go to court, but cannot really enact it now?
Also, is the court date to enforce the arbitration judgement the same as suing me to get payment? Basically what I am looking for is that, is the SOL being up still a defense in this case?
Thanks
