wolfpup Posted January 14, 2005 Report Share Posted January 14, 2005 fingerhut was reporting on all 3 reports with a "acct sold or transferred" with a date open of 11/98. I am not sure when the DOLA actually was. I was able to get that taken off of all my reports, but RJM (who has been sending collection notices forever) is reporting it as open 1/2003.Anyway, before i found this board i finally sent in a pyment for this stupid thing trying to get rid of them. they offered me 35.84 a month for 7 months to pay it off. Did i mess up the SOL by sending in that payment? and can they still collect on this? i am in GA. Any tips on this would be SO appreciated!confused,shannon Link to comment Share on other sites More sharing options...
welch Posted January 14, 2005 Report Share Posted January 14, 2005 Unless, your state some unusual rules. By agreeing to the debt and paying you have made the debt current. The date of last activity is from this day forward and it would take another 7 years after the new DOLA for removal. Keep paying and ask for deletion or validation which can still be done after payment has started. Link to comment Share on other sites More sharing options...
DocPC Posted January 14, 2005 Report Share Posted January 14, 2005 Unless, your state some unusual rules. By agreeing to the debt and paying you have made the debt current. The date of last activity is from this day forward and it would take another 7 years after the new DOLA for removal. Keep paying and ask for deletion or validation which can still be done after payment has started.It should not re-set the date unless the account was brought current. Link to comment Share on other sites More sharing options...
wolfpup Posted January 14, 2005 Author Report Share Posted January 14, 2005 so what should my next step be? should i DV them, send a pay for delete letter and keep paying them or stop paying until i hear something back as far as accepting a pay for delete. i had thought about sending a letter with my next check saying somethnig like by cashing this check you accept the terms of this request. request being that the account is deleted upon 7th and final payment of said debt.what do you think? Link to comment Share on other sites More sharing options...
wolfpup Posted January 17, 2005 Author Report Share Posted January 17, 2005 i decided to DV them. the acct was originally listed as a balance of $313. When i sent a payment to them, tehy changed it to balance of $215 and changed it to show "now paying". when i pulled my PG report this morning, it was changed back to $313 as a balance.Wish me luck on the DV! Link to comment Share on other sites More sharing options...
wolfpup Posted January 17, 2005 Author Report Share Posted January 17, 2005 another question on this...i found this regarding SOLs in Georgia:Georgia Statutes of Limitation Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument. so according to this, i did not reset the SOL? Link to comment Share on other sites More sharing options...
square1 Posted February 2, 2005 Report Share Posted February 2, 2005 Any updates on this yet? I'm interested to know the answer on this one, I live in GA also. I was wondering, are credit accounts written agreements or open accounts? Link to comment Share on other sites More sharing options...
Tennessee Posted February 3, 2005 Report Share Posted February 3, 2005 I've talked to several attorneys here in Georgia about this. I have gotten mixed answers. The answer seems to be that credit card accounts are open accounts, but creditors have sued alleging that they are written contracts and have won. Because there is case law to support the 6 year written contract SOL for credit card accounts, the attorneys told me to plan as if the 6 year SOL applies, but if I'm sued, to assert that the 4 year SOL applies. Because here in Georgia, the creditor must attach their proof to the lawsuit when it is filed, it is doubtful that many creditors will have the required documentation to support a lawsuit on a 6 year old debt. That doesn't mean that they won't file, because most expect a default judgment, but it means that you may have an easier time fighting the lawsuit if they file on old debt. Link to comment Share on other sites More sharing options...
wolfpup Posted February 3, 2005 Author Report Share Posted February 3, 2005 i DV's RJM and they signed for it on 1/20/05. I havent heard anything back from them yet - but soon as i do, i will post the results! Link to comment Share on other sites More sharing options...
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