I reside in Michigan. Here, the SOL is 6 years across the board. I use to live in Calif where the statute is 2/4/4. This is what the state of Michigan states: Does this mean that my accounts can be based off of either MI's SOL OR CA's SOL? If so, that would obviously be to my advantage. That said, IF I can go by the SOL, is it better to ask for validation of a debt or ask for it's removal based on the SOL? TIA! Shanyl
If you DEFAULTED (i.e first delinquency= cause of action) on the account while you were in Ca. THEN you can use the Ca. SOL,if however, the account was CURRENT and in good standing when you moved to Mich., then you must use the Mich. SOL, because THAT was the "cause of action" State.
Re: Re: SOL - Borrowing Statute Thank you Why Chat!!!! That makes is so much more clear. If you don't mind, can I ask, in what type of situation would one use SOL? Thanks again! Shanyl
Re: Re: SOL - Borrowing Statute SOL itself is only for when they sue you, officially, as an affirmative defense. However, since it is a false and deceptive practice for a CA to do (or threaten to do) anything which they know is prohibited by law, if you inform the CA to Cease & Desist because it is time-barred, then you have cut them off at their knees. The three types of communications allowed after a C&D are. 1) We give up! 2) We are going to sue you! 3) Here is your summons, you're being sued! (2 and 3 are the most typical of the invoking a specific remedy allowed by law.) However, since they know or should know that 2 & 3 are prohibited by the SOL, which one does it leave standing, they have to give up... For a C&D based on SOL, look at WhyChat's site... You will need to get your states SOL (the original one, and I would include the MI borrowing statutes) cite. You can get the SOL cite if you search on the web for NOLO +"Statutes of Limitations" there is an article on the NOLO site which should pop up titled something like "Is your suit timely?" which includes a table which lists all the SOL cites for all 50 states, with that cite, you can fill in the blanks of WhyChat's letter.
Re: Re: SOL - Borrowing Statute Now, I personally would still ask for validation of the debt before I send the C&D letter. What better protection against the CA editing the information to try to make the documentation appear not to be time-barred, then to have received from them a copy of the documentation before you notified them that it is time-barred.
Re: Re: Re: SOL - Borrowing Statute I d not suggest the use of "validation" letters on a past SOL account, the SOL letter on my website does a lot ore than notifying the CA that the account is time-barred for legal action. Aside from the standard" this is nt a refusal to pay" paragraph, which prevents ANY possible use of the letter as an admission of the debt, once a LEGAL dispute is received, ( and notice of SOL is a LEGAL dispute) the CA can no longer package and resell the account with VALID collection accounts, it must go into the garbage heap of packaged BK and deceased debt sales. A validation letter does nothing, in my opinion, other than to get the account resold.
