Debtconsolidationcare.com - the USA consumer forum

The timing of the Collection agency persuit

Date: Sat, 05/12/2007 - 08:27

Submitted by anonymous
on Sat, 05/12/2007 - 08:27

Posts: 202330 Credits: [Donate]

Total Replies: 3


credit card debt LAST payment April 2001, due to a job loss. Credit card company never sent me to a collection agency. April 2007, I am contacted by a CA for this account.

The SOL for my state is 6 years.

Since they have contacted me within the SOL does that mean I have to pay them?

Or am I out of the SOL because they should have started their collections process at 5 1/2 years old to be able to go through the entire process and be able to go to court before 6 years?

SOL starts at last payment and not chargeoff is what I understand.

CA is using usual high pressure tactics.


cajunbulldog: Thanks for your response


Do you know if it was OK for the Collection agency to get my credit report. They pulled it in April. IF SOL is past, I would be curious to know if they did something illegal by getting my report without my authorization. I assume they may have pulled it in April because this would be the end of the SOL and they are just barely within their right to do so. I assume they were digging for assets. I only have a 10 year old pickup ,no real estate of any kind.

I requested my report at the end of April or maybe it was the first of May (3 in 1).

The most stunning fact is that this particular debt IS NOT listed on any of the reports.

All other credit history is listed correctly on all reports.

My attorney is timing a validation letter to arrive within 30 days so they can't use the argument that the debt is now valid because I did not contact them. I will fax or email him a copy of your letter, real neat!

Finally, do you know where my attorney can go to find the specifics of the law that states that the SOL starts with last payment and not the chargeoff?


lrhall41

Submitted by on Sat, 05/12/2007 - 09:46

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First off they have permissible purpose to pull your credit if they have an account they beleive is yours whether it is sol or not. All sol does is give you an affirmative defense in a court action. The second sol I mentioned is governed by federal law for reporting to the credit bureaus. The law itself is the second link in my signature. The creditors recently were allowed a provision to it which allowed them an extra 180 days to report it to the bureaus.


lrhall41

Submitted by cajunbulldog on Sat, 05/12/2007 - 10:10

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