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When does the SOL start?

Date: Sat, 03/15/2008 - 18:35

Submitted by anonymous
on Sat, 03/15/2008 - 18:35

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have a credit card account that I stopped paying in 2004 due to a divorce. Today I received a summons to apper in court from Unifund who bought the debt. The SOL for credit cards in my state is 3 years.

When I checked my credit reports, it shows my account history current until Aug 2004. Then, from Sept 2004 until July 2005, it shows 120 days late. On Sept 2005, it shows as Key Derrogatory/Account closed/Sold. And then there is no more history.

So when did the SOL start? Was it in Aug 2004 (when I stopped paying) or was it Aug 2005 (when it was sold to Unifund)?? Can I claim that the SOL is expired in court?

Thanks in advance


Should be when you made your last payment in 04, As long as you made no other payment arrangements at a later date.
Have you checked with the local clerk to make sure it is a real court case? (and not a scare tactic?)
Not sure if sending a DV letter will help if there is a real case entered. That may need to be done with a motion... someone with more experience needs to clarify this.
With the discovery (validation) that should show that it is out of SOL. Wish I knew it more intimately and could explain better.. but someone else should be able to fill in the gaps/clarify.


lrhall41

Submitted by eqhymay on Sun, 03/16/2008 - 00:57

( Posts: 10 | Credits: )