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clarification on sol for nc - help!!


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I asked on this site about sol for nc and was told 3 years. Other places however are saying 4 for certain contracts, and when I looked at the actual statues for NC, all i am finding is 4 years. I'm thinking it may depend on type of contract. This is on an old cell phone bill that they are threatening to sue on. I need to be absolutely sure about this because it is outside the 3 year sol but not the 4. Could someone please help by providing specifics for my state's statues because I don't want to screw up here. THANKS!!!

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You're right. It does appear to depend on the type of contract. Read the sticky at http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

I'm not a lawyer, so I'm not sure how a phone bill would be classified, but I'm thinking its at least 4 years.

So...my suggestion would be to keep tap dancing. Is the OC threatening to sue? If yes, then you can try a DV on them to delay things awhile. If its a CA, then by all means DV them and try to drag it out past 4 years.

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here is whar I'm looking at:

They want to settle for $350.00. I'm willing to pay that but I was trying to get a delete letter. Since they are stiill within sol, I can't push but so hard or they could refuse and go ahead and file suit. At that point I'm screwed.

The original debt was delinquent in July 2001. CA reported their collection account in 2003. They are willling to give me a letter stating I settled and in that letter they will state info for old account. I'm not worried about getting it off my credit report right away because there are a few other things on there that won't come off for a few years, but I'm afraid that settlingn will keep this on my reprt for 7 years from now.

What I need to know is, will credit reporting agencies take this off 7 years from original debt (7-2001) , 7 years from ca's account (2003) or 7 years from the date I pay ot off (2005)?

Any input I can get from this would be greatly appreciated. I'm not trying to run from this debt, but I don't want to cause more harm than good.

Also, should I have them state something in the letter that says they can't COLLECT or SELL the remaining balance. THANKS!!!

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Open Acct.: §1-52(1)

Oral Contracts; §1-52(1)

Written Contract Not Under Seal; §1-52(1)

§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).

Your cell phone would be considered a written contract, but it is NOT 'under seal', the SOL is THREE YEARS. I don't know where you're getting 4 in the Statutes.

If you have doubts, contact this NC Consumer Lawyer:

Florida and N.C. Licensed Lawyer "The Avenger"

Chris Livingston

5440 Atlantic Springs Rd

Raleigh, NC 27616

(919) 876-8001

email: chrisatty@hotmail.com

Chris is VERY good and he knows his stuff !

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Thanks for responding. The confusion for me is to the type of contract and the exceptions in the laws:

§ 1-15. Statute runs from accrual of action.

(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.

And then different limitation is described in this statute:

§ 25-2-725. Statute of limitations in contracts for sale.

(1) An action for breach of any contract r sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within twelve months after the termination of the first action.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this chapter becomes effective. (1965, c. 700, s. 1; 1967, c. 562, s. 1.)

And then this one describes type of contracts:

§ 25A-24. Identification of instruments of indebtedness.

With respect to consumer credit sales, each instrument of indebtedness shall be identified on the face of the instrument as a consumer credit document, or otherwise clearly indicate on its face that it arises out of a consumer credit sale, provided, that such designation of an instrument of indebtedness regarding as sale which is not by definition a "consumer credit sale," shall not solely because of such designation cause the transaction to be a consumer credit sale. (1971, c. 796, s. 1.)

which may be irrelevent to a cell phone contract but I'm confused on this.

Any help appreciated>


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