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What are the SOL in Al and FL

Date: Thu, 12/08/2005 - 13:20

Submitted by dkoen2001
on Thu, 12/08/2005 - 13:20

Posts: 30 Credits: [Donate]

Total Replies: 12


I have some old dept from like 1995 what is the SOL on that for AL and FL?


Hi dkoen2001

Welcome to the forums.

In Alabama, the debt is out of the SOL period after 3 years. In Florida, the extent is 5 years.

Your debt is out of the SOL period and I understand that it should not be shown in your credit report also because it is out of the 7 years reporting period as per the FCRA laws.

If shown in your file, you need to place a dispute with the bureau reporting it.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 12/08/2005 - 13:34

( Posts: 4009 | Credits: )


Statute of limitation begins from the date of last activity in your accounts. It is a very powerful tool for the consumers on occasions when the lenders are claiming to take legal actions. These statutes are based on civil code. So every state has its own statute.

SOL begins when the account last became delinquent. Once the SOL period expires after 5 years in FL and after 3 years in AL, you are free from any sort of legal actions.

Be careful when you are disputing the debt. Do not make any payment agreement or even pay towards the account. This will make the account current and hence collection efforts will be activated.

Ask the agency to give the details on the accounts. Write a letter to them explaining that the debt is out of the SOL period. Your disputing the debt is most important otherwise they will think that you are avoiding it and might take the matter to the court. If you dispute the debt, you always have proof to defend yourself.

Do all your correspondence in writing so that you can prove the actions taken from your side. Your letters should be sent through certified mail with return receipt requested.

Do let me know if anything is unclear

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 12/08/2005 - 14:31

( Posts: 4009 | Credits: )


Mo one has tried to take legal action. But I do know all of them are over 3 and 5 years old.
Who do I write the dispute to?

"Your disputing the debt is most important otherwise they will think that you are avoiding it and might take the matter to the court. If you dispute the debt, you always have proof to defend yourself."
That is unclear.

I know it has been atleast 7 years on some of them since I have talked with anyone


lrhall41

Submitted by dkoen2001 on Thu, 12/08/2005 - 14:38

( Posts: 30 | Credits: )


Quote:

Mo one has tried to take legal action. But I do know all of them are over 3 and 5 years old.
Who do I write the dispute to?


Have you been contacted by any agency for these debts? I understand that they should not appear in your credit report also as they are out of the 7 years reporting time allowed under the Fair Credit Reporting Act. If they are shown, they need to be disputed with the bureau reporting it.

Disputing the debt is important after you have been contacted by some CA to pay the said debt. A debt going out of the SOL period does not restrict any collection activity by the lenders or the CA's but they just can't enter you in a lawsuit.

Please read this one for a better understanding on this:

http://forums.debtcc.com/forums/scarycollection.html


lrhall41

Submitted by roxette on Thu, 12/08/2005 - 14:50

( Posts: 4009 | Credits: )


dkoen2001

If any collection agency tries to contact you for this account, place a dispute with them immediately.

If this account appears in your credit file (though it should not as it is out of the reporting time), you need to place the dispute with the bureau reporting the account.

At the present time, if you have not been contacted by anyone and your CR is not showing this derogatory remark, you can stay calm.

Regards
Roxette


lrhall41

Submitted by roxette on Fri, 12/09/2005 - 11:37

( Posts: 4009 | Credits: )


Hi Guest

Welcome to the forums.

If an account is with the lenders, there are rare occasions that it can come under collections. Some credit companies have their own internal collections but in any case, it will be posted as per the latest standings.

I think your file needs to be placed on dispute with the bureaus. Highlight this entry and request the bureau to verify it.

Also, you can send a letter to the collection agency for removing the negative entry if the creditors have not sold your accounts to them.

Regards
Roxette


lrhall41

Submitted by roxette on Fri, 12/09/2005 - 12:10

( Posts: 4009 | Credits: )


Quote:

But can they keep reselling the same debt and making that debt stay on your report for more than 7 years?


Reselling the debt does not increase the stay in the credit report. The debt can be made to appear for longer period only by reaging the accounts.

Always dispute if the account is found reaged. You have to make this dispute with the available facts so that you can sue them for deleting the entries. Your challenge should be based on giving a new date of last activity to an old account and reporting a debt for a longer period than 7 years as stated in the FCRA.

But presently, you are free from all these hard works.


lrhall41

Submitted by roxette on Fri, 12/09/2005 - 13:22

( Posts: 4009 | Credits: )