I had a CC that the first DOLA was 12/2001. I live in CA. The SOL in California is 4 years I think. Recently, I've been receiving phone calls from collections to pay this account. I assumed I was clear of this fiasco after the 4 year SOL and it would be off my CR this December. Am I assuming correctly? Can I tell the collections to bug off that they can no longer collect from me? Also, wouldn't this fall into something I read of trying to collect debt after the SOL's are expired. I'd appreciate your help.
Yes - we here in CA have a SOL of four years for these types of accounts - but collection goons can hassle you forever. If they sue you once the SOL has expired you will have to raise the SOL defense in court and hope that the judge is a more or less consumer friendly judge and not a creditor friendly judge.
Oh wow!!! Meaning I can still get sued for the amount due. When does that ever expire? Can the judge seriously still favor the creditor after the SOL's have expired? And yet I thought I was almost clear and would have this off my CR in 3 months. Also, if I settle for the account now for what they agree on, does that mean that the CRA will report it for another 7 years from the date of my payment?
Once you're dead/gone they won't sue anymore. Yes creditor friendly judges will always side with creditors. The trick question by these judges is "do you owe this money"? If you answer "yes" - he/'she will rule against you and for the creditor(s). Best answer to this question would be "no, not anymore". And leave it at that. If you agree to a settlement within 7 years, say after 4 years, that item will stay on your report for another three years, even though you paid the settlement in 4. Why?? To keep your credit history in the toilet.
Anyone can get sued for anything at anytime by anyone. I've never even met you, but there's nothing stopping me from going down to the courthouse and filing a lawsuit for any grievance, real or imagined. The correct question is not "can I get sued?" because the answer to that one is always "Yes!" The correct question is "What will happen if they sue me?" The answer to that is that two things may happen: 1) If you ignore the suit, they will get a default judgment and you will have to pay them, or 2) If you file a proper answer to the suit, raise the SOL as a defense, and include a counter-claim for their violations of the FDCPA and your state laws, then they will have to pay you.
Greg they sued my mother-in-law 3 years after she died.And when she didn't show they get a default judgement.She had no estate so the judgement is moot.
Thanks for your help TeeVeeDude. I guess I'll wait until this December for the 7 years is over to fall off my CR and hope they don't sue. Its way over the 4 year SOL so I have that to fight with if the judge is cooperative. As of right now I don't see any violations (if the phone calls & settlement offers don't count) so there can't be a counter-claim. On a side note maybe some of you have dealt with: Original Creditor for this debt was NextCard that got shut down by the FDIC (I think) and was purchased by Merrick bank. Hopefully they can't come up with the original contract, etc. They are showing it has a charge-off as of Dec 2002. Date of first delinquency was 12/2001. Merrick Bank never sold the account to anybody and now CardWorks Servicing is calling me on the past due amount on a little over $8,000. I just found CardWorks on the web and it seems like Merrick Bank is one of their subsidiary co's. Kinda scares me thinking they just might sue.
There are not many judges that would favor the creditor when it is clearly past SOL, unless maybe you're in small claims. Anywhere else and you could appeal and it should be overturned. But by then you'd have your costs to sue for.
Of course you can be sued for the amount due. You can be sued for jaywalking in Istanbul in 1942. Favor? You have to prove the SOL and then if you are "wrong", appeal.
You may not have a counter-claim, yet. (On the other hand, if you carefully read the applicable Federal and state laws and go through their correspondence with a fine-toothed comb, you may.) I bet if you would record their phone calls they would be happy to violate the FDCPA and provide you with ammunition for a counter claim. If they sue, you will certainly have a counter claim under the FDCPA for taking action to which they are not legally entitled, and falsely stating the nature of the debt.
