Statute of Limitations Question
Date: Mon, 09/14/2009 - 10:58
It's from the date of last activity. That date is 180 days afte
It's from the date of last activity. That date is 180 days after your last payment and is when the creditor is required to charge off your account (thus the continued statements you got for another 6 months). It appears the JDB filed within the SOL.
Incorrect.....DOLA is the date of you last payment......not six
Incorrect.....DOLA is the date of you last payment......not six months later. So the SOL is 3 years after that payment. The JDB is OUTSIDE the SOL.
Doesn't the SOL start on the date of Default (when it was late)?
Doesn't the SOL start on the date of Default (when it was late)?
I have asked this in the big LVNV thread, but this might be a be
I have asked this in the big LVNV thread, but this might be a better place to ask
LVNV just served me with a citation today. Sept 17, 2009. OK, here's the deal. I know we're past SOL *now*.
Last payment to Sears was May 15, 2005. Texas has 4 year SOL. But the LVNV paperwork was filed June 19, 2009. Our first missed payment was June 23ish, 2005.
Did the SOL start on May 16 2005? Or did it start after we missed the June 23, 2005 payment?
What do I do?
(I'm in Texas, haven't rest the SOL by talking to anyone or promising or paying anything)
ps My credit report says that last payment was July 2005 but I actually still have all my statements...
I spoke to credit bureaus
Quote:
Originally Posted by Ginger Texas I have asked this in the big LVNV thread, but this might be a better place to ask LVNV just served me with a citation today. Sept 17, 2009. OK, here's the deal. I know we're past SOL *now*. Last payment to Sears was May 15, 2005. Texas has 4 year SOL. But the LVNV paperwork was filed June 19, 2009. Our first missed payment was June 23ish, 2005. Did the SOL start on May 16 2005? Or did it start after we missed the June 23, 2005 payment? What do I do? (I'm in Texas, haven't rest the SOL by talking to anyone or promising or paying anything) ps My credit report says that last payment was July 2005 but I actually still have all my statements... |
I was told by Experian that despite what date a collection agency account shows, the original start date by company reporting it is the one they go by. Texas, 7 yrs. though it screws up credit rating it is suppose to come off by Sears report date.
Quote:Originally Posted by AnonymousI was told by Experian that
Quote:
Originally Posted by Anonymous I was told by Experian that despite what date a collection agency account shows, the original start date by company reporting it is the one they go by. Texas, 7 yrs. though it screws up credit rating it is suppose to come off by Sears report date. |
Your state has nothing to do with Federal Reporting period. SOL in Texas is 4 years from date of last payment. Federal reporting period is 7 years + 180 days from the Date of First Default.
You really can't go by a credit report because some times it is
You really can't go by a credit report because some times it is not updated every month. If you know for sure that the last payment was May 15th then yes the SOL has passed by what, a month from what your saying? I would personally counter sue for taking action that cannot be legally taken.