Anonymous Posted February 20, 2003 Report Share Posted February 20, 2003 First of all, does the SOL always start from the last activity regardless of what kind of debt; ie. promissary, revolving, etc?Secondly, I'm in a situation and not sure if I have the right to sue. In July of 96, I had a repo. I made a few attempts to pay on the remaining debt when a lawyer got involved, but was not able to follow through. Last summer some new lawyers took over. I have tried to make reasonable arragements, but they are not satisfied with my offers. I've been threatened to be taken to court and last week was told they were going to put a lien on my home, which I did not need to be notified of or present for them to get. Now, I've gotten my credit report and see they have made an inquiry. Are they breaking the laws with this behavior? Can they pull my credit report without my permission and what would they need it for? Thanks in advance for any help. Link to comment Share on other sites More sharing options...
dan12909 Posted February 20, 2003 Report Share Posted February 20, 2003 if they are attempting to collect on a debt like a collection agency then yes they can make a inquiry on your credit reports. Link to comment Share on other sites More sharing options...
Anonymous Posted February 20, 2003 Author Report Share Posted February 20, 2003 What state do you live in? If your DOLA was 7/96- this will hit 7 years on 7/03 or 8/03 depending on the dates. What does it say for your state on the Statute of limitations? Link to comment Share on other sites More sharing options...
Swede Posted February 20, 2003 Report Share Posted February 20, 2003 <blockquote>Originally posted by melamomFirst of all, does the SOL always start from the last activity regardless of what kind of debt; ie. promissary, revolving, etc?Secondly, I'm in a situation and not sure if I have the right to sue. In July of 96, I had a repo. I made a few attempts to pay on the remaining debt when a lawyer got involved, but was not able to follow through. Last summer some new lawyers took over. I have tried to make reasonable arragements, but they are not satisfied with my offers. I've been threatened to be taken to court and last week was told they were going to put a lien on my home, which I did not need to be notified of or present for them to get. Now, I've gotten my credit report and see they have made an inquiry. Are they breaking the laws with this behavior? Can they pull my credit report without my permission and what would they need it for? Thanks in advance for any help.</blockquote>No, last activity doesn't always determine the SOL. For example, in the state of FL, the SOL for an oral contract with no set payment date begins to run at the time payment is demanded. You'll need to check your state's laws carefully for what applies in your specific situation.Debt collection attorneys do fall under the FDCPA and must follow the same guidelines....give you the mini-miranda, not threaten you, only call between certain hours, cease communication if you ask for it etc. You should treat these people the same way you'd treat a regular collection agency. Link to comment Share on other sites More sharing options...
Anonymous Posted February 20, 2003 Author Report Share Posted February 20, 2003 <blockquote>Originally posted by CandyWhat state do you live in? If your DOLA was 7/96- this will hit 7 years on 7/03 or 8/03 depending on the dates. What does it say for your state on the Statute of limitations?</blockquote>I live in Maine. The SOL for all contracts is 6 years (that much info I've gotten:D), except judgements being 20. On my credit report under the repo, it says last activity on 5/96; which would make it so they couldn't do anything as of last May (whick I did tell them in 7/02). The problem is, I know I've sent some payments into the above mentioned lawyer (10/02)because of one of the threats. I've found 2 statutes that seem to fit this case, but I don't really comprehend what it says."In actions founded on any contract, no acknowledgment or promise takes the case out of the operation hereof, unless the acknowledgment or promise is express, in writing and signed by the party chargeable thereby. No such acknowledgment or promise made by one joint contractor affects the liability of the others." "Nothing herein contained alters, takes away or lessens the effect of payment of any principal or interest made by any person, but no indorsement or memorandum of such payment made on a promissory note, bill of exchange or other writing, by or on behalf of the party to whom such payment is made or purports to be made, is sufficient proof of payment to take the case out of the statute of limitations. No such payment made by one joint contractor or his executor or administrator affects the liability of another." Is this saying I'm not liable because I there is a 3rd party that I never signed a contract with? Please forgive someone for brain mush when it comes to legal language. Link to comment Share on other sites More sharing options...
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