Has sol ran out?

[kyrider]

please forgive me if i'm posting in the wrong place,I live in ky,in 94 i lost my job and couldn't pay on a credit card i had never heard a word on the matter untill a year ago and was sent a letter stateing that (HE OR SHE)were a legal assistant employed by a law firm that had been retained by asset acceptance LLc to collect the above account,well I sent them a sol letter certified mail with receipt and never heard any more till 11-26-04 now they are back again and this time they sent a docment that wants to know requests for admission (4 pages long),next plainff's first interrogatories also 4(4 pages)nextrequest for production of documents,i have no ideal what this is or what i suppose to do,should i fill them out or not, could someone please help me,i'm not working and have been unemployed for sometime.i'm divorce and living with my son and have no money any help would be appreciate.

kyrider

[DocDon]

When did you stop paying on this credit card that Asset bought (need a good date, not "somewhere around....")?

[Carlos]

Steps I took for determining SOL:

reference the following table:

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

or under consumer info :: Statue of Limitations from the main page.

1. What state are you in what state are they in?

2. next match debt to type of contract (my estimation of the subject below):

ORAL - most likely not, I doubt if any oral contract could be enforced even with witnesses (if so give Kobe's) lawter a call.

WRITTEN - contracted services auto/ home maintenance, etc (possibly cable, phone, other fixed recurring cost) maybe even medical bill go here.

PROMISSARY - tangible collateral auto, mortgage, and other items that may be confiscated if you break your promise to pay

OPEN ENDED - revolving accounts to which balance (and terms) may varying throughout life of acct (most credit cards, c-pones,etc)

determine the longest SOL possible from location vs type of contract.

Finally match this to your Date of Last Activity (DOLA) if they will provide it, and that should be all to determining SOL.

One caveat though..,

I have the CA mentioning date acct went into collection, I wonder how this relates to DOLA.... DOC, ..., anyone...

in particular this date is at least a year out from what I calc the DOLA to be obviously a tactic to increase the time collection activity is allowed, however with no reference of SOL in FDCPA nor FCRA its difficult to determine if this is a violation or illegal.

[kyrider]

The last pay date as they have it was06/07/94 the credit card sold it to asset acceptance 06/28/01 now they have retained a law firm to try and collect.I really don't belive i made a payment in the year 94 because i was out of work,and no way to pay.i look up the sol for ky and the it was 5 years and the state for the card was for 6 years.I live in ky and the card was from sioux,falls SD.Like i stated it was 11 years or so can you advise me on what to do with the forms they sent me.they want to know where i work the last 2 years and thing that really are none of the business thank for all the help.

ky rider

[blrogs]

if you paid the lastpayment in 94 not only is the sol out but it is way past the seven year reporting period, you might also want to lok at fcra and fdcpa laws, hope some one else will jump in here!

i,m still a rookie!

when all fails seek confident legal advise

[DocDon]

Well, there's your defense then, the SOL has expired.

Since you've already notified their office that the SOL has expired and they are obviously trying to take advantage of you, report them immediately to our fine Attorney General:

https://www.ag.state.mi.us/cp_division/w3cp_c01_new.asp

And the Attorney Grievance Commission:

Attorney Grievance Commission

243 W. Congress Suite 256

Detroit, Michigan 48226

[kyrider]

hi and thanks for coming to my aid,i have a few more question to ask ,please forgive me for being so simple minded with this it goes right over my head,should i send this law firm a letter of cease and desist?and should i not fill the papers out they sent wanting to know where i work the last 2 years,all together there are 10 pages of the thing.I 'm going to file with the ky ag.or is there someone else i should file with to ,i'm sorry to be so stupid with this.but i want to do this right.thank you so much for your help.

kyrider

[efish]

If it were me, I would personally make a copy of my credit report where it shows what the date of last activity was, which you said was in 1994. Not the whole credit report just that page or that section, then I would send them a complete cease and desist letter certified mail return receipt. Then I would do as advised earlier, file a complaint with the Attorney general's off. No, I would not fill out their paperwork. Jsut send them the cease and desist and a copy of the page of your credit report where its states what the date of last activity was. You will have to go to myfico or somewhere, not privacy guard. They sound intimidating, but it s is not, they are just seeing if they can make you pay. Look above in sample letters for the c&d. Good luck.

[baglady]

this time they sent a docment that wants to know requests for admission (4 pages long),next plainff's first interrogatories also 4(4 pages)nextrequest for production of documents,i have no ideal what this is or what i suppose to do,should i fill them out or not,

This sounds like they're suing you. Are they? If so you'll need to check with the courthouse & find out what your state laws say you need to do.

and should i not fill the papers out they sent wanting to know where i work the last 2 years,all together there are 10 pages of the thing

If they already sued you, won & got a judgement you might have to, so check with the courthouse & see what you need to do.

If you don't know if they're suing you, check with the courthouse & see if they are.

If they aren't suing you or they don't already have a judgement then NO you don't have to (and shouldn't) tell them or fill out anything that they send you.

I wonder why they want to know where you worked 2 years ago though.