going to court

Discussion in 'Credit Talk' started by howens12, Dec 27, 2004.

  1. howens12

    howens12 Member

    i received a notice for a pre-trial hearing with Hayt Hayt & Landau. here is the story. I had an acct with AMEX in 1990. in 1996 i had some misfortune an the account was charged off in 1996 DOLA 1996. in 1998 was contacted in 1998 by HHL and started making payments of $200 a month for 6 yrs. about 4 mths ago i was contacted by NCO who say they have the acct. now but i did not miss a payment . Upon contacting HHL they have no idea of the other creditor so i stop paying them altogether. now HHL is taking me in for a pretrial hearing. my question is can i use the SOL in this matter because i never became current with this acct. also when i called AMEX the acct. was being handled by NCO. it's very confusing. I live in Florida SOL is 4yrs.
     
  2. Shanyl

    Shanyl Well-Known Member

    Yes I believe you can.
     
  3. Flyingifr

    Flyingifr Well-Known Member

    No you cannot. Each payment you made started the SOL all over again.
     
  4. Shanyl

    Shanyl Well-Known Member

    Flyingifr are you sure? My understanding is that as long as the account was never brought up to date as "current", the sol is still when the debt was defaulted on.
     
  5. Hedwig

    Hedwig Well-Known Member

    The reporting period is not reset by making payment that doesn't bring it current, but the SOL to collect often is. It actually varies from state to state.

    Check WhyChat's site and you'll find more information.
     

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