james_1_2_3_4 Posted February 28, 2003 Report Share Posted February 28, 2003 I am trying to digest and find info on this site and seems a bit overwhelming (in a good way). Anyway here is what I need clarified:1) I have a MBNA CC that was charged off 1/1998. My Credit report says account purchased by another lender. This happens to be NCO Bankers trust/ FIN SYS. My question is that in Florida (where I live now) SOL for cc is 4yrs. I got the CC while living in Phila, PA where SOL says 6yrs. Where do I stand as far as owing this? NCO shows as current.I am trying to get credit to buy a house and need to get this account cleared up.Any help in this matter would be greatly appreciated. Link to comment Share on other sites More sharing options...
retmar Posted February 28, 2003 Report Share Posted February 28, 2003 The SOL only relates to the time the OC has to file suit. The negative item will remain on your report for 7 yrs. The law says they can sue you in the county you live or the county the debt was signed. They also have the option to sue you in the longest of the SOL's, yet, they can't make you return to PA. Therefore, I believe the four year SOL is the one to use. As to your applying for a mortgage, don't let NCO know you are doing this. Follow other posts and learn how to dispute this item. Probably the fastest way to solve this is to send NCO a DV and C&D letter CMRR and upon receipt of your green card back to you, call the CRA and dispute it as not yours. If NCO verifies with the CRA before validating with you, it is a violation. You could get lucky and NCO won't respond and it will be deleted. Lastly, NCO won't respond at all and you can then ask for it to be removed due to them not validating. Search the site and you will find a lot of info. Good luck. Link to comment Share on other sites More sharing options...
james_1_2_3_4 Posted February 28, 2003 Author Report Share Posted February 28, 2003 Thank you for the info so far. But can the OC file in PA and get a judgement with out me showing up? (still worried about that 6yr SOL) Link to comment Share on other sites More sharing options...
IronMan Posted February 28, 2003 Report Share Posted February 28, 2003 Not without service to you first. You need to check Florida civil code or civil procedure to see how out-of-state judgments are treated.Retmar is right. They have to file suit in your county. If they haven't been able to contact you, generally they're not allowed to collect.The SOL can restart after you make a payment or acknowledge the alleged debt as yours. An SOL can be reset if there was any fraud involved such as intentially supplied bad information or address info which prevented the creditor or collector from contacting you.I'd recommend validation. That way they have no affirmative defense as to their failure to contact you and the dispute will be on record. If they decide to file in PA, you can answer and motion to dismiss for improper venue. Cheers![Edit by IronMan on Friday, February 28, 2003 @ 02:54 PM] Link to comment Share on other sites More sharing options...
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