SOL question, need help!
Date: Wed, 03/24/2010 - 11:21
The SOL I need to worry about, is the one in the state I now reside in, right? I signed the contract on (Mon.) 10/22/2001, and the repayment date that they would have deposited my check would have been either 11/2 or 11/9 (my next payday, don't know which date). My check bounced when they deposited it. Does anyone know which of the following pertains to my situation?
Written or oral account: 6 years, (O.R.C. �2305.07).
Written contract: 15 years, (O.R.C. �2305.06).
Oral contract: 6 years (O.R.C. �2305.07).
Note payable at a definite time: 6 years, (O.R.C. � 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. �1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. �1303.16 (C))
A payday loan contract is a note that is payable at a definite t
A payday loan contract is a note that is payable at a definite time, right?--6 years.
Or it's a dishonored check?--3 years.
Or it's simply a written contract?--15 years.
I'll go for the first two. That third option sucks!
Anyone??????
I need to know!
Allied Interstate is trying to collect on a 2001 store-front payday loan (my written check bounced in 2001). The SOL was 3 years for returned check, so they are illegally collecting on the debt. They don't want to listen to me. I don't know what to do.
The SOL would be in the state where you obtained the loan.
The SOL would be in the state where you obtained the loan.
Sol
I was under the assumption from reading tons on this forum, that it doesn't matter what state you lived in when the debt was taken out. The SOL pertains to the state you currently live in. I thought that is what I read on this forum when I last researched SOL's.
Regardless, my cry for help was because Allied Interstate, the CA for the OC, is attempting to collect on this debt that is several years past the SOL for collecting. Isn't that a violation of the FDCPA or something?
Quote:
Originally Posted by Shazzers The SOL would be in the state where you obtained the loan. |
Quote:Originally Posted by BethMinOHI was under the assumption f
Quote:
Originally Posted by BethMinOH I was under the assumption from reading tons on this forum, that it doesn't matter what state you lived in when the debt was taken out. The SOL pertains to the state you currently live in. I thought that is what I read on this forum when I last researched SOL's. Regardless, my cry for help was because Allied Interstate, the CA for the OC, is attempting to collect on this debt that is several years past the SOL for collecting. Isn't that a violation of the FDCPA or something? |
the SOL for pdl's even in OH goes by the first point you posted.the thing about SOL is the consumer must be aware of this,and use it to their advantage as they can attempt to collect,but as long as you point out that the SOL has run out all they can do is call.a simple FOAD letter does the trick.if you know your oinions they can't sue on it without you getting it dismissed.send the FOAD letter certified mail return receipt.either they go away,or you sue them.
FOAD letter help
I want to mail out a FOAD letter to Allied Interstate today, and wonder if anyone has posted a sample of a professional one. I don't want to sound rude or ignorant in my letter!
Quote:
Originally Posted by paulmergel the SOL for pdl's even in OH goes by the first point you posted.the thing about SOL is the consumer must be aware of this,and use it to their advantage as they can attempt to collect,but as long as you point out that the SOL has run out all they can do is call.a simple FOAD letter does the trick.if you know your oinions they can't sue on it without you getting it dismissed.send the FOAD letter certified mail return receipt.either they go away,or you sue them. |
oops, found a sample FOAD letter
Nevermind, I found a sample!
Quote:
Originally Posted by BethMinOH I want to mail out a FOAD letter to Allied Interstate today, and wonder if anyone has posted a sample of a professional one. I don't want to sound rude or ignorant in my letter! |
cool.get that to them then if they slip up then you cash in.
cool.get that to them then if they slip up then you cash in.
Now I'm searching the forum for an address for Allied Interstate
Now I'm searching the forum for an address for Allied Interstate, without luck. I Googled and found an address in OH as well as one in NY, and don't know which one to mail my letter to.
Quote:Originally Posted by BethMinOHNow I'm searching the forum
Quote:
Originally Posted by BethMinOH Now I'm searching the forum for an address for Allied Interstate, without luck. I Googled and found an address in OH as well as one in NY, and don't know which one to mail my letter to. |
well since allied interstate has many addresses.i woul send the letter to the ohio address as they normally contact people in the branch closest to their state.
not mail it to corp. hq address?
BBB lists their corporate address as: 3111 S. Dixie Hwy., Suite 101, West Palm Beach, FL 33405. Shouldn't I mail it there, instead of the OH address?
Quote:
Originally Posted by paulmergel well since allied interstate has many addresses.i woul send the letter to the ohio address as they normally contact people in the branch closest to their state. |
Quote:Originally Posted by BethMinOHBBB lists their corporate ad
Quote:
Originally Posted by BethMinOH BBB lists their corporate address as: 3111 S. Dixie Hwy., Suite 101, West Palm Beach, FL 33405. Shouldn't I mail it there, instead of the OH address? |
you can,but chances are they will forward it to the ohio branch.it is up to you where to send the FOAD letter.
advice taken
Then I will take your advice, Paul, and mail it to the OH address. Geesh, I could even drive it by there LOL, but I won't of course. I need evidence that I maile it (i.e. USPS certified receipt).
Quote:
Originally Posted by paulmergel you can,but chances are they will forward it to the ohio branch.it is up to you where to send the FOAD letter. |