Statue of limiations in North Carolina

Statue of limitations in North Carolina
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Hello,
my question is in regards to the 4years for open ended accounts. Does this apply to a secured credit card that has been turned into collections, if not, what is the statue of limiations on that.
Thank you

Hi

Welcome to the forums. The time frame for calculating the SOL starts when the last activity was seen in your account.

If your account has passed on to the collection also, the time when the last activity was seen in your account will be considered for calculating the SOL period.

Regards
Roxette

I was recently told I have a debt in collection from 1991 and the company is calling and demanding payment. I told them I never had an account with MCI and they are threatening to take me to court. What are my options

Beverly are you in North Carolina?

Beverly, if you have not done any payment towards the account in the recent times, the account is surely out of the SOL period. This must also not appear in the latest copy of your credit report as it is past the seven years reporting time. Ask the CA to give you the details of the debt before you make any commitments. I wonder if they are trying to get a small payment from you. If this is done, a debt that never belonged to you can be made yours and needless to say the SOL will ret renewed. So, be careful when you deal with the CAs.

Credit card debits from back on 2003/2004. What are the guidelines for paying this plus all the interest if Sept 2006 is the first you have heard from them in years. Not even sure this wasn't paid off previously and sure the original line of credit was only $500.00 and now shows over $800. I am getting a note from a Attorney demanding payment

The statute of limitations in North Carolina expires after 3 years from the date of last payment towards the accounts. Once the statutes are over, you get the legal stand to refuse payments on them. The unpaid accounts will still be reported in your credit file as long as the seven years reporting time expires. Before you make a payment, check the latest standing of the account from the creditor. If a collection agency is hired for collection, get the debt validated to confirm that they are authorized for the collections from you. You must read the fdcpa laws about the things expected from a collection agency.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

I have a question if anyone could help me I would greatly apprecaite it. I had a Bally's Gym Membership in 2001, The facility was supposed to of canceled my contract and did not. They sent the contract to a collection agency 01/01/2004, what is the statue of limitations for collections on this account?

If you were in NC at the time, then the SOL to collect via lawsuit should be 3 years from the default date. The entry on your credit report should fall off 7 years after charge off date.

I have had two "Attorney named collection agency's" calling on a pawst credit card debt from 1996. I was contacted a year ago and offered to pay monthly....they sold the account to another similiar agency and are now calling me. I have written a letter to them and offered to pay on a monthly bases. I am not sure where this money goes and if it is wasted. Please advise.
Thank you.

I live in North Carolina and out of the blue we get a bill from a collection agency of qwest triying to collect a bill that is 5 years old that we didn't even know about. We don't believe we owe it, it's never been on our credit and I ask why we haven't been sent bill for this before now she said we have and gave a bogus address and I said isn't the stautue of limitations up and she said there isn't any statue of limitation.

I had a car repor in 2003 the finance company sold the account to various law firms the most recent is a firm in new jersey and i live in north carolina can they still persue collections?

Repo's are covered, in most states, under the UCC SOL of 4 years. They have 4 years from the date that a deficiency balance occurs after auction to legally enforce their claim. Check and see if NC has adopted that into state code or if the 3 year SOL on Wriiten Accounts takes precedence.

I had a businesss beening run by employees, which where to buy it this was going to happen January of 1999 after our invertor was taken. Heard last year there is posssiable sale tax form the employess sent in, but with no money, and I do not ever remember as owner signing any of this, store closed June of 99. What is the statue of liminations on this? In 2001 it was found I had a brain tumor and have to have a payee. They said this had been growing for over 10 years! Someone ear that they tought I had a debt owned from this, but I don't know how as there has been nothing from them since 1999!

IF YOUR DEBT HAS ALREADY GONE TO COURT AND A JUDGEMENT HAS BEEN MADE HOW DOES SOL WORK WITH THIS

The state of North Carolina is the only state in the US where cannot be garnished or have a lien placed on your home. So if an attorney threatens to take you to court me personally I would laugh. The purpose of taking someone to court is being able to garnish them. In addition, I would find out what state the lawyer is in because according to FDCPA regulations a lawyer must reside or have a lincense to practice in your state in order to take you to court sucessful.

There are several states that are non-garnishment states as well as Homesteaded. TX for example.

Carolinagirl.....SOL on Judgements in NC is 10 years from the date the judgement was awarded.

What is the statue of limitations on a simple assault charge in north carolina?

Dustin--I think you're in the wrong forum dude!!

I had account with Amex that they charged off and now a attorney is handling. Last activity 2005. I have filed several Pro Se docs.
Now they want me to fill out exemption paper for judgement.
I don't own a home but my name is on a deed with someone else. Can they put a lien on that mortgage.

A promissory note was written in 2006 with the re-payment of the sale of the property in North Carolina. The owner of the property in North Carolina died in 2008 and the property was transfered in 2009. The promissory note was not filed in the court until after the property was transfered. Is the new owner of the property responsible for the promissory note?

pa is also a no garnish state. they can put a lein on your home though but cannot garnish wages.

[COLOR=black][FONT=Verdana][COLOR=black]I have a charge off on my credit report which I have refused to pay - In Jan 2004 I was in the middle of a divorce - While I was gone on a two month business trip and in another state my sons four wheeler was reposed from our residence - I didn???t learn of this until my return when I called the creditor - I was informed that I didn???t respond within the allotted time and the item had been auctioned off for approx 600 bucks - I had over 8K invested in it so who ever got it received a sweet deal. This all occurred in 2004 and I refused to make any payment due to their back handed dealing - at the time before I had a credit score of 806 - of course it has plummeted to around 590 and has hovered there due to me renting approx 75 rental cars over the last few of years - anyway the last payment I made was about March of 2004 - but on my CR it shows date of last payment as 10/09 - I would like to hear others issues or comments - I live in NC so how much time do I have left - of course the charge off was sold to another collection agencies and so the mess actually shows up on my report twice - Please Advise[/COLOR]
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