SOL in PA?

Depends on the type of debt.

Is it a credit card, personal loan, etc?

 

http://www.cardreport.com/laws/statute-of-limitations.html

 

6 years.

 

It is 4 years, here is the link to the Pa. page on my website.

http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page34.html

 

It's six years. The open ended contract doesn't fall under the provisions of PA's four year limitation.

 

Incredible, isn't it? A simple question like the SOL for PA regarding a credit card and the correct answer is hard to agree on. Can you imagine what people without a clue regarding credit reports, scores, etc. go through? They're at the mercy of the system unless they spend countless hours doing what we do on this board (and elsewhare). And to think that it's fairly recently that we even had access to FICO scores. What a mess.

 

Re: Re: SOL in PA?

If it were me, I'd do one (or more) of the following. In no particular order:

1. Call a PA collections attorney and ask 4 or 6?
2. Call a credit counseling service, same question.
3. Call an appropriate PA state agency, same question.

If I received conflicting answers, I'd consider something more drastic, like crying.

 

Re: Re: SOL in PA?

FWIW this is the first time I can remember a discrepancy with this has come up.

 

I always heard 4 years as well, so please let us know what you find!

 

Re: Re: SOL in PA?

Too much,

I wish you would do some research before posting bad answers here. The problem with you is you answer so matter of fact and twice today you have been wrong. Anyways RE: PA SOL I got his off the web and PA Statutes and it looks like everything is 4 years:

§ 2203. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section uinless the context clearly indicates otherwise:

"Consumer."
Any individual who borrows, buys, leases or obtains credit, money, services or property under a consumer contract.
"Consumer contract" or "contract."
A written agreement between a consumer and a party acting in the usual course of business, made primarily for personal, family or household purposes in which a consumer does any of the following:


Borrows money.
Buys, leases or rents personal property, real property or services for cash or on credit.
Obtains credit.
§ 2204. Application of act and interpretation.
(a) General rule.-This act applies to all contracts that are made, solicited or intended to be performed in this Commonwealth after the effective date of this act.

(b) Exclusions.-This act does not apply to the following:


Real estate conveyance documents and contracts, deeds and mortgages, real estate certificates of title and title insurance contracts.
Consumer contracts involving amounts of more than $50,000.
Marital agreements.
Contracts to buy securities.
Documents used by financial institutions, which financial institutions are subject to examination or other supervision by Federal or State regulatory authorities, or documents used by affiliates, subsidiaries or service corporations of such financial institutions.
Contracts for insurance or insurance policies.
Contracts subject to examination or other supervision by the Pennsylvania Public Utility Commission or by the Federal Energy Regulatory Commission.
Commercial leases.

2208. Limitations on liability.
(a) Limitations generally.-There shall be no liability under section 7 if any of the following occurs:


All parties have finished what was required under the contract.
The consumer wrote the contract or the part of it that violates this act.
The creditor, seller or lessor made a good faith and reasonable effort to comply with this act.

(b) Time limit for starting a lawsuit.-A lawsuit under this act must be started within four years from the date on which the contract was last signed.

(c) Contract validity.-A violation of this act will not void a contract or otherwise affect its validity.

(d) Class action prohibited.-Only an individual action may be brought under this act and no class action shall be permitted under this act.

This is just part, for the full webpage go to:
http://members.aol.com/RulesPA/73.Cp.37.html

WALLST

 

Re: Re: SOL in PA?

My attorney has advised me it is 4 years for all types of contracts.

I have sued several old OC's for FCRA violations and the PA SOL issue was even brought up to me by one of their attorneys.

He said...."Guess we can't counter sue you for the charge off since my client has waited too long."


Again....4 years!


Tac

 

Re: Re: SOL in PA?

I do not know which sites mistakenly give false SOL information,there are LOTS of them.Some like cardreport just picks up the errors from Carron,others seem to get them from thin air.

I post the ACTUAL statutes for each State that I have a page for so that ANYONE who can read can see for themselves what the State Statutes are.

In addition, the website I use for general reference is a Collection Agency INDUSTRY site, not a "consumer" or "legal" website.They HAVE to be correct, as it is their bread and butter.
In spite of that, I STILL double check against actual State statutes,(they are wrong on Alaska)

 

Re: Re: SOL in PA?

 

Re: Re: SOL in PA?

No confusion BlakMajix. "Too Much" is just full of too much misinformation. Everything points to 4 years, not 6.

 

Re: Re: SOL in PA?

hi everyone - sorry to ask such a dumb question but...
does this mean that i can get a reported 90 day late on a closed credit card account removed (it's from 1998).
i've tried disputing several times and even the nutcase series but to no avail. i live in PA so...can i demand deletion based on an expired SOL (4 years)?

again, any guidance would be MUCH appreciated. sorry, i've just never clearly grasped the whole SOL thing. if i'm interpreting this correctly, it could really help me. anyone?

thanks.