statute of limitations

Hi

Welcome to the forums. The statutes of limitation for the collection of debt will be calculated from the last activity seen in your account in October 1996 in Florida.

Although the SOL has expired, the collection agents will try to recover the debt from you by every means. The law does not stop them from collecting the debt.

Please write one letter to them stating that the SOL period has expired for the said debt and the court orders cannot force you to pay through legal action such as judgments, liens, wage garnishments and so forth.

Please ask them to terminate all the debt collection practices or else it will be a violation of the fdcpa law and will be reported to the State Attorney General and to the Federal Trade Commission.

Please send your letter through certified mail requesting for return receipt. Once they receive your letter, hopefully, they will stop all modes of communication with you.

Please let us know if we can further assist you in your queries.

Regards
Roxette

Hi guest

Welcome to debt consolidation care forums

Your statute of limitation in Florida has passed. In Florida the statute of limitation is 5 years and it starts from the date of your last activity which in your case is 1996. In respect to which SOL will apply depends on the creditor.

Generally the state where the debt has been contracted applies but the creditor may decide to accept the state where it is longer. Since in Virginia the SOL is 6 years the creditor may choose the state having longer SOL. It solely depends on the discretion of the creditor.

Hope you will find this information useful.

Regards
Peter

i assume at this point it doesn't matter which SOL they apply since it has been nine years?

[quote=peter]Hi guest

Welcome to debt consolidation care forums

Your statute of limitation in Florida has passed. In Florida the statute of limitation is 5 years and it starts from the date of your last activity which in your case is 1996. In respect to which SOL will apply depends on the creditor.

Generally the state where the debt has been contracted applies but the creditor may decide to accept the state where it is longer. Since in Virginia the SOL is 6 years the creditor may choose the state having longer SOL. It solely depends on the discretion of the creditor.

Hope you will find this information useful.

Regards
Peter[/quote]

Hi

Welcome back. At this point, since the SOL has expired, you are not legally forced to pay the said debt by entering into judgments, liens, wage garnishments and so forth.

Please report the action of the collection agency to the FTC or the State Attorney General office for necessary action.

Regards
Roxette

i read that the statute of limitations can be restarted if you just acknowledge that the debt is yours. the debt collection agency called back recently regarding the debt that had passed the SOL (an account my husband opened with ballys health club). i asked them to stop calling since the SOL had passed on the debt and we did not intend to pay it. can this restart the clock on the debt?

Hi l2455

Welcome to the forums. Statute of Limitation is calculated from the period when last activity was seen in the account. In other words, the clock starts when you last became delinquent in your payment to the said account.

Did you do any kind of activity in the said account? If not, then the Statute will be calculated originally from the period when the account last became delinquent.

If the collection agency enquired about it, it will not make your account active. But any payment from your side will result in modification of the time frame.

Regards
Roxette

Hi,
I was evicted from an apartment in Florida in `97, and was just last month contacted by a collector. It's been way past five years, but I read that the statute tolls (stops) when you leave the state. If I left Florida before the SOL expired, would that mean that collectors may call me for the rest of my life, until I've moved back to florida to complete my time? This seems a little extreme since, then I would be SOL.

I hope I just don't understand.

Thanfully,

Formerly Homeless.

Also, the collector who called gave my information about this alleged debt. She already knew, but I don't think it was the collector's place to tell her.

The Statute of Limitation for legally collecting the debt is calculated from the period when last activity was seen in your debt account.

The calculation of the SOL remains unaffected even if you leave the state. If you have made any sort of payment to your account, then the clock is again started from the beginning and the collection efforts become legal.

In order to know the latest standing of your debt account, please pull your latest credit report from the three credit bureaus and know the holders of your account.

i recently started paying a medical bill monthly. When i called to see if it was received i was told the money was used for an old debt in 1996 without my authorization. what should i do?

Jen - This is pure violation of the fdcpa law. Didn't you sign the agreement letter before you were making payments to the medical bills?

You need to take legal action against the agency and recover the damages. Your attorney will be properly able to guide you in this matter. If you have all the proof of your payments, then I am sure that you will win this case.

Does anyone know how long the SOL is in Massachusetts ?

THANKS!

Hi Dan

Welcome to the forums. The Statute of Limitation in Massachusetts is:

Judgments: 20 Years.

Oral or Written Contracts: 6 Years.

Consumer Protection Actions: 4 Years.

Recovery of Property: 3 Years.

Please feel free to post your comments and suggestions in the forums.

Have a nice day

Regards
Roxette

last year i had been supinad(sp) a court order for an old debt with providan bank for a credit card. they've never recieved a payment from me since sometime in 2001, I told em at the time that we had been working on trying to refinance our home, and that anything i signed agreement wise was predicated on that, they had me sighn an aggrement to pay $100 a month due on the first of each month starting on the following month, but that in the event i did get the house refinanced option to pay off in lump sum. Well we did get the house refinanaced but do to other financial findings i would get no extra money to pay off debts... I havent and couldnt pay anything to them and remains this way to date. While I did pay the court fee this was a mediation type hearing...do i still hav a responsibilty to pay this debt or does the SOL for Florida stand in effect for anything 5 yrs???
WE just had a new roof put on out house and still have no money( we had to borrow this money )

Hi DaveB

Welcome to the forums. Since you have expressed your intentions to Providan bank right from the beginning that you are willing to pay the debt, you should stress on paying it off for better reasons.

You can consider consolidation program and get professional counseling. The trained consultant will work with your creditors in the best of your interests.

Regards
Roxette

I was only going to be able to pay them if i got the money for the house, which i didnt so do i still have a legal obligation to pay them?, i've already got garnishment for student loans and IRS, I can't afford this extra 100 a month, and they didnt seem to want to work with me at all...it was all about them getting their money, regardless. And I hear Providian is really bad about this..
DaveB

Hi DaveB

Welcome to the forums. If the debt is in your name and you are required to pay, then you will have to pay it in order to avoid future legal actions.

You can also consult a financial planner who can help you in budgeting your finance. You can opt for some budget program through Consumer credit counseling Services. You will have to learn how to budget and manage your funds effectively.

Regards
Roxette

I have a friend who had a car that was assigned to be reposed. They never got the car and now the debt for the car is at a collection agency and has been since around 95. Does the SOL apply in this matter and does the person have to give the car back? The state is Colorado.

I need more info to offer help, what type of contract did you have? Is it a written one, if yes what was it?
Vikas

In the said situation, I understand that the car was assigned to be repossessed but the creditors did not take further action.

Now, this debt has been sent to the collection agency and they are trying to recover the money. If this is the situation, then the Statute of Limitation will apply on the mentioned debt.

The Statute of Limitation for the action to recover the possession of secured personal property is 6 years in Colorado.

Hence your debt is past the SOL period.

Regards
Roxette

they calculate the SOL from the time the account went deliquent where the place of business you were dealing with was located? and not where the collection agency is located?

is this correct?

The SOL will be calculated only from the date when the said account shows the date of last activity. It has no relation with the location of the collection agency or their taking of the accounts.

Remember, if you pay anything towards that particular account, the SOL will get renewed changing the date of last activity.

Regards
Roxette

I have credit card debt that was incurred in my home state of Louisiana. The SOL in Louisiana is 3 years and the date of last activity for my debt is 3 years and 7 months. I work in Georgia (3 years)for a Lousiana based company and have an apartment (cheaper than hotels) here in Georgia. I have a Lousiana Drivers license and will return to Louisiana when this job has finished. I do not consider Georgia my home and I did come up here with the understanding that this was temporary employment. The job keeps getting extended! I do receive Per Diem while I am here. I file Georgia state income taxes with my Georgia address.I do not own a home in Louisiana but claim that I live with my brother which I do pay rent and can produce rental receipts.

My problem is I have a collector that contacted my employer and found out that I have an apartment here. The collector also told my employer about my debts and also told my employer that he was going to garnish my wages, which I think is illegal. The collector contacted me and stated that he was going to take legal action here in Georgia. I received a regisitered letter notice to be picked up at the Post Office, which I did not pick up.

1. Should I pick up the registered letter?
2. Can I be sued here?
3. Does the SOL apply here or in Georgia?
4. Should I hire a Lawyer? Louisiana or Georgia?

Any info would be greatly appreciated?

Wayn052, considering the fact that the SOL applies of the state where the account showed last activity, Louisiana will come into picture.

You can send a written letter explaining the whole situation as you are exercising your consumer rights under the fdcpa act. Please send it through certified mail with return receipt requested.

No legal action will take place as your debt is past the SOL period. If the situation worsens, you can hire a lawyer for this purpose.

I was recently contacted by a collection agency for a debt to Franklin Mint. I am unsure of the year of the debt but it probably dates to 1996. They are offering me 20% off to pay off. I bought a house a week ago and when my report was pulled it did not appear. They are threatening me that it will ruin my credit score. Even more interesting they say they purchased the account from Franklin Mint but I have a notice from 2002 from a different agency who said they purchased the account. I live in Wisconsin, what is the statute of limitations? Also if we refinance our home will this be able to affect my score? The amount owed is $201.00

Hi tigger

The statues of limitation in Wisconsin for open contracts, professional services, or an open account based on a contract is 6 years. So, please pull your latest credit report and confirm the said account since it is already past the SOL period.

Also, you should ask the collection agency to provide you the complete details of your account.

http://www.debtconsolidationcare.com/validation.html

As per the fdcpa law, they are required to provide you the following information which will legitimatize this debt.

• The details of the account.
  
  
• All the calculation should be shown of the amount that is owed.
  
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
  
• Provide a verification or copy of any judgment if applicable
  
  
• The original creditor needs to be identified.
  
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
  

how long can a debt collectors be on my credit file, it seems there is one that keeps changing the last activity date and increasing the amount of a debt i do not own them. how can they get away with this, since i already paid the original debt.

Millies, the thing that the debt collector is doing by changing dates is legal offense. Any negative information appearing in your credit file stays for 7 years. And the collection agency is increasing the length of the damage in your file. I think that you should take legal help and consult your attorney.

Hi Ben
i sent the credit report companies some letters, the RMA has been removed from my credit file, but it seems this arrow financial services has become a nighmare for me.

Hi Millies

Have you communicated with Arrow Financial? What are they saying?

All of the collections are in my name only and I do not own our home and my name is not on any of the vehicles. The debt collector said that she would go after my husband and his bank accounts. She also said that they would start garnishing his wages. Can they do that since we keep all of our finances completely seperate?

Hi Helena

Welcome to the forums. Since you both have maintained your finance separately, I don't think legally it is possible to have your husband's wages garnished for your debt. However, has your husband co-signed any of the agreement deed with you relating to the said debt?

Do let us know if you find any discrepancy.

Regards
Roxette

Roxette,

My husband has not cosigned on any debts. The debts that I have are all credit card debts. I told the debt collector that she couldn't go after my husband and she told me that I was wrong. She also said that she had every right to contact his place of employment and speak to his boss?? Can they do that considering my husband is not even listed on the credit cards as an authorized user? Also, can the debt collectors go after me if I do not have a bank account, own a car or a home? I have no assetts to my name. Is the SOL in Florida 4 or 5 years for credit cards? Sorry for so many questions!

Thank you,
HelenA

Hi Helena

Welcome back.

The debt collector is trying to pressurize you by giving illegitimate reasons of contacting your husband's place of employment. Legally speaking, they are not allowed to do that and you can take actions against them if it is done.

If the said debt has been proven under your name, then can take actions against you by entering a lawsuit. You have to make arrangements with them because taking the matter to the court will also not let them recover money in anyway. I hope they won't take the matter to the court in this situation because it will involve court costs and other expenses. Garnishments of wages can be possible if you have no assets.

SOL in Florida is 5 years. In which year your account last became delinquent?

Regards
Roxette

I believe the last activity on my credit cards was Jan '03. I told the debt collector that I had no assets to my name and that I didn't work. My babies were premature and I had to quit working to care for their needs. She told me that I can be made to get a job. She said that since I had no assets and that I did not work, they were entitled to ask my husband for the money and to make restitution. I can't figure out how they would contact his work, considering they don't have his social security number. I contacted a bankruptcy laywer about this matter and he told me that the laws were changing as of mid October and that I had better hurry up and start the process with him or the companies can possibly make my husband responsible for my debts. He wanted me to start the process at that very moment. I just want to find out if the creditors can take my husband to court for my delinquincy.

Thank you,
Helena

Helena

At this situation, will you like to have some professional advice from the experts working with this company?

I am sure they will be able to help you out from this situation and probably deal with your debt collectors to come to a positive result.

I really hope that the consultant will get something good for you before you are in the move to file for bankruptcy.

You can register yourself here to get in touch with the expert.

http://www.debtconsolidationcare.com/signup/

I recently became aware of a debt that was owed to Discover (c/c) where the last activity was June 1997. I live in Florida, but I can't remember where the account was opened. It may have been in NY. What are the SOL in NY State?

Buddy, the statute of Limitations in New York is 6 years.

Since you said that the account showed last activity in June 1997, this date will be taken to calculate the SOL period. Do you know in which state was this last activity done?

By the way, Statute of Limitation in Florida is 5 years. So, in any case, debt collectors cannot legally force you to pay the said debt as because it is past the SOL period.

Ben,
I hope you're right, cause I just told them that I would not be paying this debt!

Don't worry, everything will be fine. You are acting as per the law and this is reasonably fair.

In case of any problem, just let us know.

I sent a letter to a law firm that was retained by a Collections Agency, requested validation of the debt. They responded with the original creditor's name and an account #. They said they verified it with their client the collections agency. Experian lists the following: Date opened Nov98,Date of Status Jul2000,Reported Since July2000, Last reported Dec2000. Charge off as of Jul2000 to Dec2000
This account(Credit Card) was started in Florida but the Original creditor is based out of AZ,OK,and CA. I believe the SOL has expired?

I only respond to the lawyers and collections by certified mail. I also made my request pursuant to FDCP Act, 15 USC 1692g, Sec. 809(B)

P.

Hi reop

Welcome to the forums. There are still 3 months left for the said account to go past the SOL period. Any activity done by the collection agency during this period will be termed legal and you will have to act accordingly.

You can prevent your credit file and give a slight better view of it. This can be done by paying the debt within the SOL period. Doing so, your credit file will be viewed in a better way in front of your new lenders.

The choice is yours. I suggest you to pay it rather than adding a stain in your financial status.

Regards
Roxette

Ben,
I have only had contact with this "Law Firm" via telephone conversation, so that is how I reponded to their request for payment. Do I need to follow this with a Certified letter, and if so how do I get the address from them?

Buddy

let me know the name of the agency. I can search for it online.

ben

Ben
That collection agency is calling itself G O B Law Office & the # is 1 800 326 7054. Hopefully that will help. Any info on them would be appreciated. Thanks.

I know some of the items on my fiance's report are over 7 years old, but when you look at the credit reports, they only say the date that the accounts were opened with the collection agency. The original creditors are not even listed. How do I found out the actual date that the 7 year SOL begins from? It is not listed on the credit reports. thanks

Hi soccer3

Welcome to the forums. You need to contact the collection agency appearing in your credit report and ask them to give you the necessary information about the respective debt. From there, you will be able to get the details of your creditors.

You can contact the creditors and know the date of last activity in your account to determine the SOL period.

Usually, the date of last activity is furnished in the credit report. If it has not been provided, you can write a letter to the credit bureau and dispute the particular entry.

Also, you can pull your credit report from the other two bureaus and compare the accounts. Hopefully, the comparison of the three credit reports will provide you some more information about your accounts.

Regards
Roxette

i filed for bankrupcy, my court date was december 16, 1990, it still shows up on my credit report, i thought after 7 years it was removed?

Hi ginnie

As per the fdcpa laws, negative information is removed from the credit report after 7 years reporting time. If bankruptcy is shown in your file as of now, it might be a possible error by the bureaus. Send a letter of dispute highlighting the item.

The bureaus will verify it in their records and update your file. They will also send you a free copy of your report at your mailing address.

Regards
Roxette

I have been contacted for some time now by Assest Acceptance regarding a supposed credit card that was turned over to them for collection. They have informed me, in March of this year, that this account was for citibank credit card that was turned over to them in 1997. I do not even remember having such credit card. However, I am wondering what the SOL is on such a collection. From reading this website, which I stumbled on by accident, I am by far not the only one who has had trouble with this company. They have even contacted by parents, as the last phone number they had, I guess and asking how I can be reached. Is this legal, I am not sure of SOL laws in my state---Illinois.