Need to know Statute of limitations on old credit card debt

we been in chapter 13 for 37 months , before that debt consolidation for two years. we are going to be dismissed of missed payments to the trustee . we are not making the same amount of money we where . there is 23 months left in the plan but we could not afford the payments if the plan was modifed. should we go back into cerdit counseling. we do not want to lose our second home

If you cannot make up the payments, you should have an appointment with your attorney to see about modifying your plan. Possible modifications include:
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Can you tell me the statute of limitations on credit card debt in Oklahoma?

what is the statute of limitations in new york state

Statute of limitations in New York is valid for 6 years. In Oklahoma, the SOL is valid for 3 years. You need to check out the date of the last payment done towards the account to confirm the SOL validity. The account should take place in the state where you are considering the SOL.

What determines which state SOL applies, the state that the credit card company operates or the state in which the customer lives at the time the card is accepted

The statute of that state is considered where the account was originally opened. It does not make difference if you have shifted to another place after opening the account or if the creditor is operating from a different state.

I was wondering when the SOL time begins. I have an old debt that was charged off then sold to a collection agency. I have made payments to the collection agency since but the debt was actually written off by the original creditor inMarch 2004, but my credit reports shows my last payment to be Dec. 2003. So I guess I am wondering if the payments to the collection agency keep bumping the SOL up. I live in California. Please help.

I was wondering if you are contacted by a debt collector and you write back and offer to pay a lump sum and then you don't hear from them until a year and a half later offering you a settlement but not something you can afford and you want to now use the statute of limitations can you now use that since you made an attempt to pay but they refused it. I am in the state of North Carolina..what are the specifics on the statute of limitations for NC? Thanks

I have a court judgement dating back to 1997 from Capital One for a credit card debt judgement placed
they never garnished my wages in 1997 but now almost 10 years later I receive a garnishment letter since I work for the government informing me my wages have been garnished until the debt owed to the general district court is paid

I think mcranberra is wrong. SOL is based on where you live, currently. If you open an account in one state and move away, how can a collection agency use the prior state of residence's laws and apply them in a different state??? You can not use one state's laws, in another state to collect on a debt. A collector must use the laws of the state the debtor lives in.

I am wondering which is correct.
Is sol based where you are living when the debt occurred or where you were living when the credit card was obtained?

Jaime, was there a question in your post?
Judgements can have lives from 7 to 20 years, and in many states, can be renewed.

SOLinfo & Guest, I believe it depends on the type of debt. For a credit card, it may be the state you currently reside in. For a written contract, such as a loan, I believe it is the state that the debt was accquired.

I see it is stated the SOL is based on the state you live in, but, then I see it is stated SOL is based on where account was opened.

And, I see it stated that a credit card, SOL is based on where you live.

I was just owndering if anyone else has any more info on this?

I moved from CA to WA. I don't know which SOL applies.

could someone tell me the sol in my state?
Alabama

Morningstar is right about SOLs. Debts such as credit cards the SOL of your current residence applies I believe. In most cases, the court in some county (in another state) would have absolutely no jurisdiction over you (in your current county in the new state).

The SOL to all the states is here:
http://www.fair-debt-collection.com/sol-by-state.html#1

Shari, it's because (in most cases), credit cards are unsecured debt (the SOL for which in Washington is 6 years). In California it is only 4 years.

On one of the previous postings, "mcranberra" answered that the statute of that state is considered where the account was originally opened. It does not make difference if you have shifted to another place after opening the account or if the creditor is operating from a different state. From all the information I've read on SOL so far, they all talk about if you move to a different state and come back to the originally state of residency, your SOL will be extended. But there's no mention any where if you move to a different state and stays there permanently, what then... So in my case the credit card account was originally opened in CA where I used to live and now I live in AZ and am not moving back to CA ever, I would go still go by the CA SOL then?

I live in PA.

Sued recently (going to defend myself on the advice of a local atty).

My Credit Report shows the account charged off in 2003 (4 years ago). PA SOL is 4 years.

In doing research, I found that the SOL starts from the first breach of the contract (First late leading up to the charge-off), not the last payment.

That would make it (Generally 4-6 months for most CC Companies) before the charge off date.

Anyone else confirm this?

The state that is used to determine the SOL is usually 'picked' by the credit card company and they are going to select the state you live in, the state you signed the agreement in or the state of their offices, which ever gives them the longest time to collect.

PA as they sued me here. Therefore the PA statutes apply. Still looking for confirmation from someone who has dealt with "First Breach" states like PA (first late leading up to chargeoff) rather than "Last Activity" states.

Thanks!

What is the sol in washington state?

ok, this has been asked a bunch of times....my best advice to all is to consult a local attorney just to be sure. However, there are some things worth mentioning here....

1--someone has mentioned that in some states, the SOL is put onhold if you move to another state, and resumes once you come back. Folks, I am not a lawyer, but it seems to me that if SOL on the same debt followed you each time you moved to another state, then there would be no reason to suspend that SOL if you move from the original state. I hope that made sense to someone...

2--on some contracts, including some credit card agreements, there is a clause that lists which state's laws will govern that contract. There is your answer, in such a case. Look over your credit agreements, you might find this info in there.

Lizly--someone already posted a link, just a few posts above yours, that lists all the SOL's for each state.

Roxette, I'm not certain but I'm hearing more and more that some collectors and attorneys are attempting to call a credit card debt a "written agreement" instead of an "open account" in an attempt to sue. There is a big difference in the SOL between the two in most states.

The last few years have been very difficult financially and I have not paid my debit in about 2 years now. I live in Florida and some attorney is trying to collect on a credit card debit but they have not been able to serve me with some papers. They have called me and left several messages but I have not returned the call. They have also come to my house but I have not answered the door. What happens if they go to court and get a judgement against me? Will they garnish my wages? I am the money maker in my family, my husband works on commission and makes little money. We have 3 small children which I have to pay childcare for. We live paycheck to paycheck. We also don't own any property. PLEASE HELP ME!!!!

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

My experience in CA is that you must fight the Collector especially if it is Midland Funding, their tatics is is to file in court a claim against you, then falsely show court that you have been severed. the out come is that you default on a official claim, thus request a Judgement against you. In my case I followed up on a letter that was sent to my home and I followed up with a search with the LA Superior Court web site, which show I was served, but I never recieved anything, so I filed an answer with a defense. I happen to be a Litigation paralegal, and with the help of my bosses I had the case dismised ! Do not think they go away and you must fight them!

Revolution of time! Hi!

I????????ve received a letter from Asset Acceptance today for the first time ever! I have no idea how they found me!! The letter states that they have purchased an old creditor????????s account and that I now own them $11.000 ???????? The debt is mine, but I have not received anything from anybody in 9 years. I believe the last payment made to my old creditor was in 1999.

On the letter they only stated the creditor????????s old account number and the amount due. I don????????t know who the original creditor is, Asset Acceptance did not give me that information on the letter, and I????????m supposed to contact Asset so they can give me all the info. I DON????????T WANT TO CONTACT THEM!!

To be honest, I don????????t want to pay for a debt that is over 8years. I CANNOT AFFORD IT! I live in California and the SOL here is 4 years!

I got in such panic yesterday that I shredded the letter!!

Nobody knows about my debt, not even my husband that I love and respect so much!!! I don????????t know what to do!!!

Can anybody help???
Thanks in advance!

I would tell your husband so that he isn't blindsided by a potential phone call.

If this is a consumer debt, then you have the right to send a letter demanding that no further attempts at collecting the debt are made (if another CA attempts to collect the debt, repeat the process).

Does the credit card debt SOL in California start from the last purchase with the credit card or the last payment made towards the balance?

Date of last payment.

If the SOL is in April 2008 and a law suit is filed in January 2008, how long does the plaintiff have to serve the defendant with a summons?

What is the SOL in SC?

Ok Guest, so if the SOL STARTS COUNTING BASED ON THE DATE OF LAST PAYMENT...here's what just happened to me:

I've just noticed on my credit report, that on the original creditor account, there's a recent payment that was made to the account for $xx; the report doesn't indicate when the payment was made. I did not make the payment! I'm sure it was the CA trying to re-age the account!!

I have a letter ready to be sent to the credit bureau disputing this strange "recent payment", but I hesitated because both accounts (CA & OC) are estimated to be removed from my report on 5/08.

Is it possible for the CA to make an illegal payment onto my account just to re-age it and keep on my credit for longer?

What should I do? THANKS!

i say pay the amount if you truely want to get your credit back on track and raise your score.

SOL for Michigan???

what happens if you do not respond to a summons and complaint for being sued?

Plaintiff would win the case and judgment would be issued against you. Meaning that they can garnish your wages, freezing your bank account if they know your account #, or any assets you have they can take away. Answer the summon and search for debt validation letter. Ask the plaintiff to proof the debt you owed is yours.

Here is a good post about the civil court process:
"http://www.nedap.org/hotline/court.html"

It is for New York and so should be used only as an example. Do a Google search for your local county courthouse and they will have their procedures up and any forms that you may need during your trial.

Michigan SOL: "http://www.fair-debt-collection.com/SOL-by-State.html#23"

I have several credit card accounts that were sent to collection agencies where I made settlement with the collection agencies or legal firms... I paid the money as agreed and now I have LVNV coming back stating that I owe them money and reporting this on my credit report. How do I resolve this issue because I do not owe them.

Did you settle for less than the full amount owed? If so, did you stipulate in your settlement that they not sell of the remaining balance? If you did not have that stipulation then they are likely coming after the balance. What state are you in? When was the last payment made?

What is the statute of limitations on credit card debt in Montana?

Guest- here is the link that will give you the info for Montana--Good Luck!! it is http://www.fair-debt-collection.com/sol-by-state.html#27 :D

i need to know what the statute of limitations on an old credit card debt is for nj. Chase bought the credit card from Bank One. I have the old account# (closed in august 2005)but cannot find my statements. Now a law firm has contacted me regarding the account. How can I get a statement?

my husband received a court order from lawyers for nco,nco is claiming he had a written contract for a visa from citibank sd .it wasnt a written contract it was a revolving visa credit card.this was sent to us back in 1989 we did not apply for it.yes we did use it though. we quit paying on it sept 1994 and it charged off.the visa has been off the credit reports since 2002. the sol for ohio is 6 for revolving and 15 for written.our court date is 8/28/09 they still want us to pay the total amt due, my husband is out of work. we asked that they valadate now they want discovery,etc from us. so much for laws

what is the SOL in HI? where do you find the last activity of account? is that the date when it was open?

how do i go about disputing this?

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What is the sol in Texas?
Thanks