insider Posted June 4, 2003 Report Share Posted June 4, 2003 I have a collections agency who is sueing me for an 11 year old debt. I know the sol has run out, but where in the FDCPA can I find where this is a factor? (section,subsection?) Link to comment Share on other sites More sharing options...
cybercrusader Posted June 4, 2003 Report Share Posted June 4, 2003 <blockquote>Originally posted by insiderI have a collections agency who is sueing me for an 11 year old debt. I know the sol has run out, but where in the FDCPA can I find where this is a factor? (section,subsection?)</blockquote>You won't find it in the FDCPA. SOL for debts is set by each state. You will find it in your state's statutes.[Edit by cybercrusader on Tuesday, June 3, 2003 @ 07:54 PM] Link to comment Share on other sites More sharing options...
bingo Posted June 4, 2003 Report Share Posted June 4, 2003 Actually, you'll find it in 807 and 808-misrepresenting the character of a debt and, unfair partices.Here's a great site for SOL issues.http://community-2.webtv.net/Y-chat/WhyChatsCredit/CC is right. You need to raise the SOL isue in your response to the summons. Link to comment Share on other sites More sharing options...
insider Posted June 5, 2003 Author Report Share Posted June 5, 2003 Thank you. I just like to impress the judge on my court date with exact information. I do know the sol for open ended accts is 5 years in mo. Link to comment Share on other sites More sharing options...
bingo Posted June 5, 2003 Report Share Posted June 5, 2003 Keep these 2 issues separate. I'd suggest you just stick with the SOL argument.Save the FDCPA for when you file your own lawsuit against the collection agency. Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 11, 2003 Report Share Posted June 11, 2003 You likely need to assert any counterclaims against the CA in the suit. The SOL is an affirmative defense which you must plead and prove in the suit; it has nothing to do with any remedy available under the FDCPA. Link to comment Share on other sites More sharing options...
Anonymous Posted June 17, 2003 Report Share Posted June 17, 2003 well court is tomarrow. I still am unable to locate the exact state stutue for mo. I looked everywhere. Oh well....I have plenty of proof with regard to the date of last activity Link to comment Share on other sites More sharing options...
chuckd Posted June 17, 2003 Report Share Posted June 17, 2003 <blockquote>Originally posted by *insiderwell court is tomarrow. I still am unable to locate the exact state stutue for mo. I looked everywhere. Oh well....I have plenty of proof with regard to the date of last activity</blockquote>Duderight hereOral Agreements 5Written Contract10Promissory Note10Open Ended Accounts5there ya go Link to comment Share on other sites More sharing options...
insider Posted June 18, 2003 Author Report Share Posted June 18, 2003 I realize this is not an FDCPA matter. I have searched missouri state statues and cannot find the chapter, sub chapter or whatever. Every site I go to tells me that yes the statute of limitations is 5 years for open-ended credit accts. I fully understand this. What I am looking for is what specific civil code number or chapter number specifically tells me(in legal mumbo jumbo). You know, like Ca has their own civil code #? I am totally lost. Is there a website that will give civil codes per state relating to statute of limitations? Link to comment Share on other sites More sharing options...
bingo Posted June 19, 2003 Report Share Posted June 19, 2003 Think this may help? http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page26.htmlHit Why Chats site. It has a long section on dealing with SOL debt. An afterthough. You need to reference the Truth In Lending Act. This act defines credit cards as an open account. Why Chat has a letter to send to collection agencies notifying them of the SOL. It has a lengthy reference complete with codes to the TILA and the fact that this is an open account. I'm a bit busy at the moment but, do a "Google search" using Truth In Lending Act. Reg Z is where you'll find this stuff.[Edit by bingo on [TIME]1055989731[/TIME]] Link to comment Share on other sites More sharing options...
Pale Rider Posted June 19, 2003 Report Share Posted June 19, 2003 Missouri SOL statue for 5 year SOLhttp://www.moga.state.mo.us/statutes/C500-599/5160120.HTMStatues homehttp://www.moga.state.mo.us/homestat.aspLawdoghttp://www.lawdog.com/state/laws.htm Link to comment Share on other sites More sharing options...
insider Posted June 20, 2003 Author Report Share Posted June 20, 2003 Thank you everybody. I really appreciate your assistance a great deal! Link to comment Share on other sites More sharing options...
Recommended Posts