Ok, forgive me for asking but I am new to this. I have been browsing this forum for a bit now and still need some help. I live in Alabama and I know the SOL for open accts is 3 years. What I don't know is where that 3 yrs starts. Is it from the DOLA or from last payment date or is it something different. I have a collection that doesn't report a DOLA on any of the 3 reports. It does have the date of 1st delinquency, do I go by that? At what point can I send the SOL letter to the CA? And can I send it to the OC? They still have it on the CR even though it says they sold it. Thanks for any help!!
You need to look to your state laws. In some states, a payment resets SOL. In some states, a PROMISE to pay resets the SOL. In others it doesn't. Check your records and see when you last paid. Also see when the account was last current (you could have made a payment and still not brought it current).
Alabama Statutes of Limitations Contracts under seal: 10 years, (A.C. 6-2-33) Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34) Sale of goods under the UCC: 4 years (A.C. 7 -2- 725) Open accounts: 3 years (A.C. 6-2-37) Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38) Actions based on fraud: 2 years (A.C. 6-2-3) The SOL should go off of your date of last payment, unless you signed some agreement to repay the debt, and the state accepts such to reset the SOL.
It doesn't have a date of last payment on either the OC listing or the CA listing. The only thing I have to go by is going to be the date of first delinquency, right? It is due to fall off the report 01/2010. Do you even mess with it? I would like to get it off the report but not if it will reset the SOL. And no type of agreement has been signed to repay the debt. What is "Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)?" Thanks for all the help!!
This is why you need to keep records, like your bank statements, for quite a few years. Then you know when your last payment was. If you contact the OC they may be able to tell you.
Yes I realize this, but thank you for pointing it out. However, this is my husbands account and we weren't married at the time and now I am trying to get all his crap fixed so that we can build a house sometime in the near future.
Please understand that this is not always the case in Alabama due to the "account stated" claim which has a 6 years SOL. CA's that are located here know how to use this claim in court to extend from the 3 years to 6 years. AND judges here are divided over the true SOL. IF you are in Alabama and are dealing with a CA dispute, dispute and dispute to try and avoid a claim of "account stated". IF a CA sends you something they type up called a "Statement of Account" dispute this immediately. IF you don't then you can open yourself up to the "account stated" claim extending from 3 years to 6 years. A CA tried this with me earlier this year - I had my CR's from back in 2003 clearly showing this account was in dispute under the fair credit billing act and their own client added this dispute to their own reporting in 2004. When confronted with this by my attorney they decided to immediately dismiss with prejudice. The court here is clear on what is needed for an account stated: Carolyn A. Ayers v. Cavalry SVP I, LLC Appeal from Madison Circuit Court (CV-02-2827) "An account stated is a post-transaction agreement. It is not founded on the original liability, but is a new agreement between parties to an original account that the statement of the account with the balance struck is correct and that the debtor will pay that amount. It is as if a promissory note had been given for the balance due. "A prima facie case on an account stated is made when the plaintiff proves (1) a statement of the account between the parties is balanced and rendered to the debtor; (2) there is a meeting of the minds as to the correctness of the statement; and (3) the debtor admits liability. The debtor's admission to the correctness of the statement and to his liability thereon can be express or implied. An account rendered, and not objected to within a reasonable time becomes an account stated, and failure to object will be regarded as an admission of correctness of the account."
