Hi all. I'd like to move on and avoid fearing account seizures and garnishments now that I believe the SOL on my bad credit card debts has expired. Please note I am not trying to improve my credit score yet, I realize that is a different subject. I have several questions, feedback on #5 is what I am most interested in. 1. Iâ??ve lived in the same state my entire life- is the SOL for this state used for credit card debts? 2. I believe the SOL has expired on my bad credit card debts. How can I verify this? 3. One of my bad debts is from Household bank. They mailed me a check and by cashing it I was agreeing to pay back the debt. Is this an open-ended account? 4. How can I determine if a judgment has been filed against me? 5. Iâ??ve read that if a creditor sues me I will need to file paperwork to prove that the SOL has indeed expired. How do I do this? I do not have any of the original paperwork. I am concerned here because I have heard stories of creditors altering records in order to reset the SOL. If someone has dealt with a situation like this I would like to hear what happened. 6. I have not requested a copy of my credit report in over 6 years because I do not want to set off any red flags. Is there any validation in my concern? Thank you.
1. Yes 2. http://www.carreonandassociates.com/articles/collectionlaws.htm 3. Since you are signing a document agreeing to terms it may be construed as a written contract. 4. Goto the courthouse and look, or go online, check your credit report. 5. You would need to prove the date of last payment on your account, or the date of last activity. If you dont have anything to prove what the credit/collection agency is saying then more than likely they will win. 6. No, it will not show up as an inquiry on your report, however, while doing so it will add the current address to your credit report.
Okay... #5... I would have to prove when the last payment was made. I have the dates, check numbers, and amounts, recorded in Microsoft Money. I'm not sure how long the banks hold on to canceled checks from closed accounts but I might be able to get those documents. However, that would only prove that I did make a payment on that day. How on earth could I prove that I did NOT make a payment sometime between then and now? Even with all the record keeping in the world I am not going to have a record of something that didn't happen, hence my confusion. I don't understand why the burden of proof would fall on me in this case. Why wouldn't the collector be required to prove that I DID make a payment? At this point I would assume they would have to produce a check/money order/etc that I had signed; then I could have a hand writing analysis performed and, unless they scanned & printed the signature I believe I would have proof... Has anyone had to do anything like this before?
You have to remember that once an original creditor sends an account to collections it's a brand new ballgame. They don't have to prove anything except for validation of the debt. They do not have to provide any proof of payments you made - that's your responsibility.
greg1045- I understand completely the case that you mention- I CAN prove payments that I DID make. But in the case of the SOL, the clock started to tick when I stopped making payments. So, how do I prove when I stopped making payments? It would be advantageous for the collectors to say "oh yeah, he made a payment last year." The only way I can think to even start to prove that is to ask the collector to prove that I did make the payment; but if I am the one that is supposed to prove it.... How could I?
If the collection agency sues you and they say you made a payment far after the last payment you actually made, I think you would be able to challenge that in court. You might be able to ask the judge for proof. Banks will keep the checks for about 2 years if I remember correctly, then it goes on microfilm.
My guess is that it would probably go something like this: - CA files suit in court alleging you owe $X - You respond with an affimative defense saying that said claim is beyond SOL and ask for summary dismissal. - CA then has to respond to that with some sort of proof that it isn't beyond SOL or out it goes.
