SOL on unsecured CC debt.

Discussion in 'Credit Talk' started by Big_Steve, Sep 25, 2003.

  1. Big_Steve

    Big_Steve Well-Known Member

    Question:

    When attempting to determine the SOL on unsecured CC debt; do you consider the state of residency for the debtor; which in my case is Mississippi or the state where the original CC agreement was issued which I don't remember?

    My old CC was a Shell MasterCard originally issued by Chemical Bank and later switched to Chase Bank. My account was opened in November 1993; the DOLA on my Shell MC account was February 2000. I have already been told by others that the SOL on "open accounts" ( unsecured credit cards ) in Mississippi is three; (3) years.


    Sburch2
    Biloxi, MS


    End Of Message
    09/26/03
     
  2. jam237

    jam237 Well-Known Member

    Unfortunately, it would need to be past both said jurisdictions SOL's.

    Remember that the convienient forums clause allows either the jurisdicition where the contract was signed, or the jurisdiction where you currently reside to be considered convieninient.

    So to be safe you'ld have to wait until both jurisdictions SOLs have tolled.

    btw: this is at least the way that i read the clause, some of the experts may be able to give a more detailed answer.
     
  3. Big_Steve

    Big_Steve Well-Known Member

    Unfortunately for me; since my original CC agreement is now long gone; I have no way of knowing in which state my original CC agreement was established.

    It could have been either the state of New York; Delaware; Iowa; or who knows where. Would I have been able to determine such if I had sent the attorney representing the CA a debt validation letter rather than a C & D letter?


    Sburch2
    Biloxi, MS


    End Of Reply
    09/26/03
     
  4. jam237

    jam237 Well-Known Member

    You always want to validate first, and only partially C&D, no phone calls, no third party communications, all communications only in writing to this address.

    The easiest way to do this is to add the partial C&D to the validation letter that you send out.

    If you total C&D, the CA may have no other option but to escalate the matter directly to litigation since they can no longer communicate with you otherwise.
     
  5. Big_Steve

    Big_Steve Well-Known Member

    Since this matter is my first involving receiving a letter from a CA concerning an old CC debt; are you saying that I might have put the cart before the horse by sending the CA a C & D letter first rather than a DV letter?

    Should I follow up with another letter to the CA requesting that they validate the debt or have I negated the chance of doing such by having already sent the CA a C & D letter first? Thanks for your reply.


    Sburch2
    Biloxi, MS


    End Of Reply
    09/26/03
     
  6. Why Chat

    Why Chat Well-Known Member

    While it is true that the FDCPA allows the creditor to file in EITHER the State where you signed for the credit, OR your current State of residence, the SOL of the State you are SUED in is the one that counts.

    If, the creditor sued you in NY,for instance (6 year SOL) they would still have to serve you in your current State, and if they DID somehow get a default judgment against you in NY,they would still have to refile it in YOUR State for them to be able to enforce it, at which time you could contest it as time-barred.
     
  7. Big_Steve

    Big_Steve Well-Known Member

    So is my old CC account then considered to be time-barred since I'm a resident of Mississippi? I always have been a resident of the state of Mississippi; I have never lived anywhere else.

    As I understand it the SOL on CC accounts in the state of Mississippi is three; (3) years; correct?. The DOLA on my old CC account was February 2000 so am I time-barred?

    If so; what's next? Wait and see if I receive another letter from the CA attempting to collect this old CC debt? By the way; thanks for your reply.


    Sburch2
    Biloxi, MS


    End Of Reply
    09/26/03
     
  8. lbrown59

    lbrown59 Well-Known Member

    1*YEP
    2*Yeah

     
  9. Big_Steve

    Big_Steve Well-Known Member

    Dear Ibrown59:

    Thanks so much for replying to my post but I'm concerned about something; I mailed a certified letter to the attorney representing the CA on Wednesday; September 24, 2003.

    The USPS said that it should take no more than a day; possibly 2 to reach it's destination in New Orleans, LA; a post office box address for the CA. As of today I have received no word through the USPS website that my certified letter has either been delivered or claimed.

    I'm also told by the USPS that they will allow up to 15 days for my certified letter to be claimed and if it's not; the letter will then be returned to me.

    If that were to occur what should I do next? Have you ever heard of a CA refusing to accept a certified letter from someone? Someone the CA is attempting to collect from?

    If I should receive another letter from the CA claiming to have not received anything from me; will I receive my RR green card stamped delivery was attempted?


    Sburch2
    Biloxi, MS


    End Of Reply
    09/27/03
     
  10. lbrown59

    lbrown59 Well-Known Member

    23*If that were to occur what should I do next? Have you ever heard of a CA refusing to accept a certified letter from someone? Someone the CA is attempting to collect from?
    25*Have you ever heard of a CA refusing to accept a certified letter from someone? Someone the CA is attempting to collect from?
    sburch2
    ================
    23*If you get the letter back unsigned and unopened from the CA it's not a problem, as you simply send them the estoppel letter after their 30 days are up the same as you would had they signed the green card.
    If you get it back Don't open it as you will need it as evidence if it goes to court
    The reason you don't open it is so the CA can't say you put something else in the envelope after you got it back.
    25* It does happen sometimes so yes I have!
     
  11. Big_Steve

    Big_Steve Well-Known Member

    Ibrown59:

    Again thanks for the post. All of this credit legal terminology is still new to me; what do you mean when you say "estoppel letter"? If you would; please explain.

    So assuming that I get my original letter back from the CA; unopened of course and not signed for; am I to turn right around and mail them another letter or wait until I receive another letter from them?

    What if the CA calls me again? Take the call and inform them that I attempted to send them a letter by certified mail which they refused to accept or continue with no communication whatsoever with the CA except by certified mail?


    Sburch2
    Biloxi, MS


    End Of Reply
    09/27/03
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: SOL on unsecured CC debt.

    * * * Nope just hang up
    You don't have to tell them anything.
     
  13. lbrown59

    lbrown59 Well-Known Member

    Re: Re: SOL on unsecured CC debt.

    1*what do you mean when you say "estoppel letter"
    2*So assuming that I get my original letter back from the CA; unopened of course and not signed for; am I to turn right around and mail them another letter or wait until I receive another letter from them?
    3*What if the CA calls me again?
    4*Take the call and inform them that I attempted to send them a letter by certified mail which they refused to accept.
    5*or continue with no communication whatsoever with the CA except by certified mail?
    Sburch2 Biloxi, MS
    =================
    1*It's the letter you send the CA 30 days after the CA has signed the green card for the validation letter if they haven't sent complete validation to you.
    2*No send them the estoppel letter 30 days after you sent them the validation if they don't validate by then.
    3*That's real Simple: Just hang up the phone. You hain't sposed to be talkin to them anyway!
    4*That would be real smart letting them know you're onto them wouldn't it? Don't tell them anything. Why blow your cover? The last thing you want them to know is that you are aware they refused the letter.
    5*Mail only no phone calls to or from them.
    .


    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  14. Big_Steve

    Big_Steve Well-Known Member

    Re: Re: SOL on unsecured CC debt.

    lbrown59:

    Thanks for the reply. Do you happen to know how someone in "another" chat forum that also discusses topics on credit could manage to obtain my "real" name as well as my computer's OS and post that information on a board in "another" chat forum for all to see?

    That happened to me yesterday and I still haven't been able to figure out how. A senior user in "another" chat forum who apparently didn't like several posts that I had made; posts attacking him; this senior member informed me in a post that my membership would be terminated which it was yesterday; the user must have some very close connections to those running that "other" website.

    I considered my privacy to be violated yesterday; my "real" name was posted for all to see; I didn't really appreciate it, not the least. If you have any thoughts or comments; I like to read them.


    Sburch2
    Biloxi, MS


    End Of Reply
    09/28/03
     
  15. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: SOL on unsecured CC debt.

    Sorry I Can't help you out on this on as I'm no whizz with computers.
    Hopefully some who are around here will chime in.
     
  16. pd11604

    pd11604 Well-Known Member

    Re: Re: Re: SOL on unsecured CC debt.

    Take a look a the numbers to the right side of any post on this board
    (example yours are 208.60.244.223)

    There are computer programs that can trace this address back to your specific computer, and if your computer is not well protected from "hackers" they can actually get this info...for instance your ISP is Bellsouth.net
     
  17. Big_Steve

    Big_Steve Well-Known Member

    Re: Re: Re: SOL on unsecured CC debt.

    PD11604:

    Yes I was told that. You have such software on your computer? How did you know who my ISP was?
    Is there a website that has a listing for such numbers that would allow anyone to trace them back to their ISP's?

    I would agree that another website featuring another forum similar to this forum would have access to such information since I was required to supply them with a valid email address upon registration.

    That other website's own privacy statement stated that they and only they would be able to know such information and that other users in the forum would not unless I let them know it. Also on my initial sign up; I did not supply my real name to the website; only my email address and a username and a password and that's it.

    IMO those running that other website who BTW still haven't replied to my email which I sent to them concerning the matter nor do I expect them to but naturally that other website would have access to my real name by having had access to my email address but how another user gained access to it as well as also knew which version of Windows I had on my PC; that's disturbing to me.

    I was given a website to go to and download some software to try and give my PC some more protection; unfortunately the software offered at a website named Zonelabs wasn't compatible with WIN 95; only with newer versions of Windows; WIN 98 and up.

    How do you think others in the other forum gained access to my real name? Do you think that they knew someone on the inside at that other website? One post mentioned reading something on Google about it. I'd like to get your opinion on that and thanks for your comments.


    Sburch2
    Biloxi, MS


    End Of Reply
    09/29/03
     
  18. pd11604

    pd11604 Well-Known Member

    Re: Re: Re: SOL on unsecured CC debt.

    There was another thread about this about 6 months ago. People were worried that somehow the CA's would be able to trace them and know what they were posting.

    I am not a computer "expert" but my friend works at a network operations center for a major ISP. When the subject came up last time I asked him about it.

    The numbers are specific to the different ISP carriers, and there are tables to cross reference the number address back to them

    I don't have the software to trace further, but he definitly does.

    It would take someone very knowlegable about networking using the right software, but it can be done.
     
  19. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: SOL on unsecured CC debt.

    BASIC TRACE can come up with the ISP and maybe the city...

    Sometimes the ISP name is not current...like it can say USWEST...that is now QWEST

    Or ATT.NET is now COMCAST

    "IF" somebody doesn't have more important things to do...they can DIG more...

    I would rather "LOOK" for better deals on CREDIT CARDS!!!
     
  20. Big_Steve

    Big_Steve Well-Known Member

    lbrown59:

    Well that certified letter which I mailed to an attorney in New Orleans, Louisiana representing a CA on Wednesday; September 24, 2003 concerning an old CC debt was delivered to them on Friday; September 26, 2003.

    I received the RR "Green Card" earlier today which was stamped as having been delivered on Friday; September 26, 2003 although the letter carrier did not obtain a "printed" name on the card; just a scribbled signature which I cannot make out.

    Would the USPS be able to run some kind of a trace on my letter and furnish me with some kind of documentation with the name of the individual who signed for my letter or should I not be concerned about that? Like I said I did get the "green card" back today with a scribbled signature.


    Sburch2
    Biloxi, MS


    End Of Message
    09/29/03
     

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