What is the SOL on a credit card.

Discussion in 'Credit Talk' started by Missig, Jan 6, 2004.

  1. Missig

    Missig Well-Known Member

    I have a credit card that has come back from the depths of hell. I thought this thing was paid off. I originally used it in 90-92, that was it, the last payment was in 2000 when I thought I had paid it off. Now it is with Sherman Aquisitions and they are wanting their money. I do owe it, so will pay it, but as of right now, should it still be on my credit?

    Thanks!

    BTW I'm in CA
     
  2. Butch

    Butch Well-Known Member

    Hi Missi,

    We need to know when it defaulted.

    ????

    It is a violation to attempt to collect a POST SOL debt in CA. This may be open to further interpretation by a local court. But at least we have some precedent.


    .
     
  3. Missig

    Missig Well-Known Member

    They show loast payment made in 2000 sometime, I guess that would be the default date, right?

    :eek:)
     
  4. Butch

    Butch Well-Known Member

    Well you may still be within the SOL then.

    Tell ya what, go here:

    http://community-2.webtv.net/Y-chat/WhyChatsCredit/

    ... and find California. Then look up the "state statute of Limitations" and tell us what it says for "open accounts".

    ???
     
  5. Missig

    Missig Well-Known Member

    Thank you, this is what it isays

    "Statue of Limitations(in years)
    Open Acct: Reduced to Writing:4

    Open Acct: No Writing 2"

    Not quite sure where I stand. Does this mean they can only try and collect by mail - since we are in the fourth year after the actual default date?

    Thanks!
     
  6. Butch

    Butch Well-Known Member

    Re: Re: What is the SOL on a credit card.

    A CC is an open account. If one runs up a balance and it charges off, often the co. will seek a new agreement, (with your sig) for you to pay.

    I believe that is an open account "reduced to writing".

    It doesn't mean they can only collect via writing. :)


    So an open account NOT reduced to writing is 2 years.

    I think things are lookin good for ya so far Missi.

    Lets wait tho, for a California expert to come along and confirm what I think about Open Accounts.

    Let's hope it's 2 years not 4.

    :)

    Experts?

    ???
     

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