I have several questions about the SOL, I moved from one state to another does the SOL apply in the state that the debt was incurred or the state you are currently living in. According to Credit Defense, here is the SOL for the state I was in: Open 3 Contract Written/Oral 5/3 Judgment 5/3 Here is where I am living currently: Open 4 Contract Written/Oral 4 Judgment 10/10 Does this mean that after the SOL has ended that a collection agency can no longer try and collect from you? If so, and the credit agency is unwilling to work with you, does that mean you can use the SOL to your advantage, say, a pay all owed for a deletion? I understand the basic concept of the SOL, but I just started this credit repair thing, I have been flying blind getting my own deletions, I have some old collection accounts that something needs to be done with. Thank you in advance.
I meant to add this information, I have a collection account that was incurred in the first state I listed. On my credit report it states that the date of last activity was 7-97 making it 4 years this month. It was assigned 12-1997 and collection reported 6-1999. What can be done in a case like this?
The state SOL means nothing at all unless they take you to court and try for a judgment after the SOL has run out. Then it will only do you some good if you actually appear at the hearing and use the SOL as a defense. The other SOL that is meaningful is the 7 or 10 year SOL that applies to your credit reports and that has nothing to do with the court system under most normal conditions.
So, if the SOL has run out the only thing they cannot do is sue? They cannot garnish our paychecks in Texas, and if the SOL has run out, then what other recourse do they have? I would think that would be to my advantage, maybe they would settle for full balance paid and deletion of the negative item. Am I wrong in this line of thought?
Makes sense to me heather. They really don't have any way to get any money from you, whatever the SOL is, if you live in Texas. breeze
Maybe they can choose the state with the longer SOL? Looks like you're free in any event! I would keep silent for another year before sending any cease and desist type notices.
Unfortunately, they found me. When Junum disputed the item, they started with the letters again. It is on my husband's reports and it was a medical bill he never signed his name to or made himself the responsible party for. I think from the tone of their letter they are going to get nasty. I just want to know what my options are, I have a validation letter ready to send to them today, will see what happens with that.
Yes, looks like that would be the appropriate step. They can't pursue any collection activities until they validate the debt. If they do, you've got 'em. Keep records of everything, always use certified, RR mail. Maybe they will screw up. breeze
You can be sued after SOL expires Just thought I'd mention a couple things. First and most important: CREDITORS CAN SUE YOU IN COURT AFTER THE SOL HAS EXPIRED. All you have to do to get it thrown out is mention the SOL, and it will be dismissed, but if you don't mention it, they will get a judgement and you will be forced to pay the judgement. Second: I believe the only time the collection agency can't pursue collection activity is if you send in a validation letter within 30 days of their original contact with you. Any time you send a validation letter after that, they can still pursue collection while validating the account.
Re: You can be sued after SOL expires I think you can send it any time. I would send it anyway. See what they do. breeze
Don't ever pay them a crying dime. If the SOL is out and they try to sue you, you simply go to court and use the SOL as your defense. Uncollectable debt. SOL prevails, they can't get a judgement against you. They can still hound you to death and they can still keep messing up your credit report until the SOL runs out on that too But don't pay them a crying dime no matter what. Better off to fight them and get rid of the debt entirely than to pay it and suffer the consequences. Make them eat the debt and then make them take it off your credit reports too. Not hard to do. You just have to go at it right. And that's a whole lot better than bankruptcy or any other option you have.
Re: You can be sued after SOL expires Breeze: Marvin is right (theoretically and legally) Practically speaking, that's not what usually happens. What usually happens is that they suspend all collection activity until they validate the debt. Or at least they usually say that's what they are going to do. Then they sometimes goof up and send out one or more collection letters anyway. It's not that they inteded to, it 's usually because their automated system just up and whacked them a good one up side their corporate heads. I love it when they do that.
