Skip to main content

Debtconsolidationcare.com - the USA consumer forum

How does SOL work exactly?

Date: Wed, 04/25/2007 - 11:03

Submitted by breakingeven
on Wed, 04/25/2007 - 11:03

Posts: 17 Credits: [Donate]

Total Replies: 7


Hubby has a collection account from 1996 that was just sold again and they are trying to collect from him. He thought he paid over 8 years ago, but has no proof. This company is calling my house day and nightevery 30 minutes.


What state are you in, what kind of debt is this?

The SOL can refer to two things:

1: The amount of time in which a creditor/collection agency has to file suit seeking payment. Time does not actually make the debt go away. SOL will change depending on the state you are in, what type of debt it is, and in some cases, what state the debt was originally incurred.

2: The amount of time a negative entry can remain on a credit report...this is usually seven years from charge off date.


lrhall41

Submitted by anonymous on Wed, 04/25/2007 - 20:09

( Posts: 202330 | Credits: )


They have to provide the proof, not your husband. Unless you are in Ohio (where it is 15 years), this is a debt no doubt on which the satute of limitations has run. If the SOL has run don't pay them a dime, no matter what they tell you.

There are SOLs on many things criminal acts (except murder), car accidents, debts etc. It is the time period when they can sue you. They can still attempt to collect an alleged debt, but if the SOL has run, they can't take any legal action. You just send them a cease communications letter in that case saying that the SOL has run. If you pay them anything at all, it will start the SOL over again.


lrhall41

Submitted by Law Student on Wed, 04/25/2007 - 20:13

( Posts: 1182 | Credits: )


That was me...site logged me out :roll:

If you are not exaggerating the calls every 30 minutes, then you could potentially have a case for fdcpa violations. Collectors are prohibited from causing the phone to ring excessively. Keep a log, and consider looking for an attorney-naca.net would be a good place to start.


lrhall41

Submitted by Morningstar on Wed, 04/25/2007 - 20:20

( Posts: 1633 | Credits: )


I might add that in most states a debt this old would have had the SOL run, no matter what type it is. Morningstar is right. Every 30 minutes would no doubt be to annoy, and breaking the law. Find out your state's SOL (again most likely yours has run). Then send a cease communications letter (return reciept). If they call after that, sue them.


lrhall41

Submitted by Law Student on Wed, 04/25/2007 - 20:42

( Posts: 1182 | Credits: )


Yes, I'm in Ohio. The account is for an old cell phone from like 1994 for someone - you know, the old "wepaphones (spelling?)" or whatever they are called that looks like something from the back to the future movies. I've checked his credit report and I don't see anything on there to find an address or name of what this place is that keeps calling. I'll have to jot the number off my caller id when I get home and try to google it I guess. Thanks for the assistance.


lrhall41

Submitted by breakingeven on Fri, 04/27/2007 - 04:57

( Posts: 17 | Credits: )