Hey everyone .... i get a little confused about SOL /// i successfully got a CA to remove a tradeline (OC - VERIZON), but verizon sent me a letter stating that I owe this money still. Last transaction on account was 7/2000. this was for a maryland account. in MD, SOL for open-ended accounts is 3 years. i live in VA now and that is also 3 years. This account is past the SOL, correct? This means they can no longer make attempts to collect this debt, right? If so, should I mail a letter to Verizon and alert them to the SOL? Also ... if a debt is past the SOL, can a CA continue to collect on the debt? thanks! tboy
I'm not sure, but I believe that all being past the SOL means is that they can not sue - or if they do, you can use the being past the SOL as a defense. I do believe that they can still report it. If I am mistaken, someone please correct me.
If it's past the SOL, they cannot make anymore voluntary attempts to collect the debt. It doesn't mean the debt does not exsist; it just means they cannot make voluntary attempts to collect on it.
Correct on suing (filing for a judgment) because that would be collection activity, and as I said before, if the SOL is up, they cannot voluntarily try to collect on it. As long as you are past your state's SOL, you are in good waters!
Re: Re: SOL question Hey everyone .. thanks for all tyhe answers ... Butch, you said you needed more informationto answer the question about whether i should mail letter to Verizon. I'll give you some background, but please let me know what specific information you were looking for ... i had a phone with bell atlantic in 99 in MD. I moved to DC and disconnected phone. In 2000, I moved to another location and attempted to get a phone. I found out that I still owed BA money, so I offered to make payments in 2 installments, which I did. Once the second went through, they hooked up my phone. Within weeks, Verizon took over BA. In April/May 2003 I decided to check my credit report because I was looking for an apartment in VA. I saw that IC SYSTEMS said I owed the second part of the payment on this to Bell Atalntic. I disputed with all 3 CRAs .. came off of TU and EX and EQ verified and updated OC to Verizon. I contaxcted Verizon as I was sure this was mistake, but the jerks somehow claim they never got my second payment!!!! And I paid with MO so theres no way of proving!!! I said to them, i have had an account with you for years, why did yoy let me hook up 2 more accounts and why didn't you just bill me if you thought you never got this payment, etc etc. they wouldn't budge. am still consdiering just being done with verizon and getting rid of this phone with them as they are nothing but a major pain in the $ss. I sent letter of validation to IC by Fed Ex and filed a complaint about IC with BBB and Verizon with BBB. Within hours of getting their letter, IC sent me a letter stating they were dropping all collections on this account and requested from the CRAs to remove this TL -- which they did. TL gone. But since the BBB contacted Verizon, Verizon then sent me a letter stating theit records show I owe them this money. That's where things have ended. Should I let it go unless Veirzon sends to another CA or sends the TL to the CRA themselves? thanks!! tboy
Re: Re: SOL question Ok so a better question is: If they do attempt to collect the debt by sending to a CA or reporting to CRA AND I assert the SOL defense, are they leggally supposed to drop the collection? Once I assert the SOL, what are they leggally supposed to do? thanks! tboy
Re: Re: Re: SOL question Sol only prevens them from winning in court. Sol has nothing to do with listings on credit reports,
Re: Re: Re: SOL question it was my understanding SOL only applied to credit reports, not to the debt itself. a debt may not report any longer but that doesn't mean they can't attempt to collect or assert legal action, it simply means that can't report that specific debt as a collection any longer. i have never seen a creditor continue debt collection after several years of getting nowhere, but i suppose it could happen (depending on the amount), and most don't assert legal action if the debt is under $500 (the filing and attorney fees have to be worth it).
Just to clear up some misinformation: First, it isn't an open end account. The statute of limitations applies to the debt and has no bearing on how long the debt can be reported, with a couple of exceptions. There are also only a couple states that prohibit trying to collect a debt past the SOL. You can however send a cease & desist letter if it is past the SOL to stop any collection attempts. Don't send any letters claiming it's past the SOL just yet, you need to check what the SOL is for written contract. Gib
I'm not sure how a phone account can be a closed contract. Tboy do you have the numbers from your MO's? MO's are trackable. I assume you can't find the receipts. I'd be inclined to send Verizon an FCBA dispute. Read the "Learn Your FCBA" in my sig line. And include the question; "how is it that you set me up with 2 more accounts while alleging I still owe for a previous one." It will (should) prevent them from sending to a second CA.
Re: Re: SOL question Butch, We did this a long time ago, utilities aren't subject to the FCBA. Nodding with Gib too, on the SOL for enforcement and timeclock for reporting -- two different things and unrelated unless your state specifically prohibits collection beyond the SOL (state law) and even then it appears to hinge on whether legal action is threatened or attempted to be taken, not reporting. Sassy
