Debtconsolidationcare.com - the USA consumer forum

3 SOL Questions

Date: Mon, 08/21/2006 - 01:57

Submitted by anonymous
on Mon, 08/21/2006 - 01:57

Posts: 202330 Credits: [Donate]

Total Replies: 6


The SOL is 3 years in this state.
My last payment was made in August 2003, on this credit card. I do not recall the day.

If the collection agency decides to file a suit,
what date is considered the SOL date? is it the last day of August, the first day of August, or the exact date in August of the last payment, three years ago?

Also, if the collection agency has the incorrect date of the last payment, how would a consumer prove the date is wrong?

If the collection agency files a suit and in court the hearing is continued or postponed past the SOL date, then no judgement can be awarded to the collection agency, right?

THANKS.


If you are can't recall the date of last activity, your credit card company has the date in their records. Call them and know the exact date so that you can calculate the SOL expiry from the actual date. The collection agency can file a class action lawsuit if they have purchased the account from the original creditor. If the CA is being hired, the account will be sent back to the OC who will decide their further actions.

The expiry of the SOL on the said account gives you freedom from all legal actions. No judgments can be filed against you and you won't be forced to make any payments on the debt. But, this does not erase the debt completely. It will be still reported in your credit file until the 7 years reporting time has expired. This is in accordance with the Fair Credit Reporting Act.


lrhall41

Submitted by BuildingWealth on Mon, 08/21/2006 - 11:11

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The collection agency says the own the debt.
The credit card company would not give me the date of last activity. So, if the collection agency has the incorrect date of the last actitity on the account, how would a consumer prove the date is wrong?

If the collection agency files a suit and in court the hearing is continued or postponed past the SOL date, can the case be dismissed?


lrhall41

Submitted by on Mon, 08/21/2006 - 12:56

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Hi Tiffany

Quote:

Sorry for breaking any rules.... I thought the link had helpful info., didn't realize I was doing anything wrong.


No problem! Links of government websites are allowed posting in the forums. Feel free to post the links if its of a govt. website.

Regards
Mike


lrhall41

Submitted by Mike on Mon, 08/21/2006 - 17:48

( Posts: 1317 | Credits: )