Robert A. Posted February 11, 2005 Report Share Posted February 11, 2005 I live in North Carolina. A "relative" got me into a credit card mess and I have spent the last seven years trying to get out of it. It has only been recently, after getting a computer and studying this, that I have even a basic understanding of credit card debt. I was stupid enough to be intimidated by these collection agent who would call my house and harrass me. I ended up making a few payments which pushed the SOL up. It has been around five years since I made any kind of payment. My questions:What is the SOL on credit card debt in North Carolina?How can I find out when I made the last payment? p.s.:I was able to get my relative to sign a notarized form stating that said debt was never mine. Is this worth anything?Thanks,robert Link to comment Share on other sites More sharing options...
Robert A. Posted February 16, 2005 Author Report Share Posted February 16, 2005 Can anyone help me, please? Link to comment Share on other sites More sharing options...
wolfpup Posted February 16, 2005 Report Share Posted February 16, 2005 click on the SOL link above. It looks like the SOL for cc in NC is 4 years. I would DV the CA, the DOLA should be in their response. I dont know about your relatives statement, i dont know if that would have any merit or not. If i have missed something - someone let me know! Link to comment Share on other sites More sharing options...
Robert A. Posted February 16, 2005 Author Report Share Posted February 16, 2005 Thanks. Link to comment Share on other sites More sharing options...
Robert A. Posted February 16, 2005 Author Report Share Posted February 16, 2005 I got this from the forum:Disputing an account, making a payment on an account, the transfer to a collection agency does not re-age the account.The 7 years starts with the initial missed payment that led to the delinquency of the account+180 days. This applies to accounts added on file on or after Dec 1997. For accounts before this date, the 7 years stars when the creditor actually charged off the account. According to Federal Banking Laws, open ended accounts (credit cards, department store cards etc) must be charged off no later than 180 of non-payment. For closed-ended, it's 120 days. I always heard that the clock starts again when a payment is made. This is news to me. Am I reading this correctly? Link to comment Share on other sites More sharing options...
reno2360 Posted February 16, 2005 Report Share Posted February 16, 2005 The information you are looking at is referring to the seven years that an account may be reported to the CRA. The seven-year SOL refers to the reporting length. I believe what you need to know is the SOL in which a creditor or CA may sue a consumer. That is different. There is a link on this site that can tell you if this creditor can still sue you. Actually they can try to sue you but if it is not still within the SOL your defense would be that the SOL has passed. Link to comment Share on other sites More sharing options...
Robert A. Posted February 17, 2005 Author Report Share Posted February 17, 2005 The information you are looking at is referring to the seven years that an account may be reported to the CRA. The seven-year SOL refers to the reporting length. I believe what you need to know is the SOL in which a creditor or CA may sue a consumer. That is different. There is a link on this site that can tell you if this creditor can still sue you. Actually they can try to sue you but if it is not still within the SOL your defense would be that the SOL has passed.Yes, I was thinking about lawsuits. The SOL in my state, North Carolina is four years. The last payment I made on the card was in 2000. However.........and this is what makes me nervous, about 2-3 years ago I may have told a collection agent that I would either make or try to make a payment (he really put the fear into me). Does a verbal agreement over the phone mean anything? How can I find out if I did or did not orally agree? I appreciate the help! Link to comment Share on other sites More sharing options...
anti-something Posted February 17, 2005 Report Share Posted February 17, 2005 Stop!This is ALL fraudulent? You have an affidavit by the person who DID rack up all this debt???if this is all true, claim fraud.. you do not have to pay back ANYTHING thats fraud! but they may have a recourse against the relative.. Link to comment Share on other sites More sharing options...
Robert A. Posted February 17, 2005 Author Report Share Posted February 17, 2005 Stop!This is ALL fraudulent? You have an affidavit by the person who DID rack up all this debt???if this is all true, claim fraud.. you do not have to pay back ANYTHING thats fraud! but they may have a recourse against the relative..How can I prove its fraud? This all started back in '97 when I got a phone call from Chase at work. All these years I could never get any help from these damn collection agencies that kept calling me. One guy told me, "I don't have to send you anything!" Yeah, I was stupid and let myself be intimidated for a few years. I didn't have a computer (then) and I was really in the dark about how all this worked. I the affidavit really valid? I had a lawyer right it up for me and I got it notarized; my brother did sign it (a miracle). Link to comment Share on other sites More sharing options...
reno2360 Posted February 18, 2005 Report Share Posted February 18, 2005 The last thing a collection agency will do is help you to prove that you DON'T owe them the money.You should probably take advantage of an attorneys free consultation in order to get the correct answers regarding your liability and if that affidavit is a legal document you can use to stop this mess. Link to comment Share on other sites More sharing options...
LadynRed Posted February 18, 2005 Report Share Posted February 18, 2005 The SOL in NC is THREE YEARS, not 4 ! Link to comment Share on other sites More sharing options...
Robert A. Posted February 23, 2005 Author Report Share Posted February 23, 2005 Since, according to my credit report, the last payment I made was in Sept. 2000, what should be my next step? A CAD letter? Should I mention in it the SOL? To tell you the truth, I don't even know which CA is trying to collect; it has been sold so many times. I haven't answered the phone in ages. thanks for all the advice so far! Link to comment Share on other sites More sharing options...
LadynRed Posted February 23, 2005 Report Share Posted February 23, 2005 Send them a cease and desist telling them never to bother you again as the debt is time-barred. http://community-2.webtv.net/YCHANGE/STORAGE/page13.html Link to comment Share on other sites More sharing options...
Robert A. Posted March 7, 2005 Author Report Share Posted March 7, 2005 In the form letter posted on this site, there are several things I'm not sure of.1. Here: Under my State of ________Code ,§ __________the subject account type has a _________ year limit for filing any legal action for collection.Where do I find the state code being referred to above?2. Here: Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.Is to subject account # from the original debt, or the account number the CA is now using? Is the creditor name the original creditor or the CA?Thanks! Link to comment Share on other sites More sharing options...
HeartRN Posted March 7, 2005 Report Share Posted March 7, 2005 http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0001§ 1‑52. Three years.Within three years an action ‑(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1). Link to comment Share on other sites More sharing options...
Tarheel Jack Posted March 7, 2005 Report Share Posted March 7, 2005 To your first question -You can find the statute on the NC General Assembly website, hopefully the following link will take you to the Table of Contents page:http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.plFrom there you want to go to Chapter 1 - Civil Procedure. Scroll down to Article 5 - Limitations, Other than Real Property. That will show you the Statute of Limitations on various types of debt. I cited the Three Year (contracts) on all my letters. That particular NC statute is G.S. 1-52-1.Hope this helps. Best of luck! Link to comment Share on other sites More sharing options...
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