Carlos Posted May 1, 2005 Report Posted May 1, 2005 Digging further into SOL its seems to be a defense only that means that serching for it should mainly turn up threads in the Collections/Lawyer in the House/Student Loans areas, however quite a few fall under Credit Reapair. How can you repair credit using SOL??? Also, SOL violation ?!?!? This would imply that one go on the offense against a CA with SOL violation.It seems perfectly legal for a CA to continue to list a Debt up until the 7 year mark even though that debt is well after the SOL has expired.They obviously can not sue you, however they could impact you in other ways such as blocking mortgage opportunity 7 years (or as long as they continue to list the debt).
willingtocope Posted May 1, 2005 Report Posted May 1, 2005 You might want to check laws in your state. Wisconsin for example has a law making it illegal to report an SOL debt to CRAs.As you've already surmised, SOL and how long it stays on your credit reports in most states are two different things. Furthermore, someone can attempt to collect on an SOL debt and for that matter even those that have fallen off your CRs.And, although in most states, SOL does give you an absolute defense against having a judgement against you, it does not prevent someone from suing you and...if you don't use the SOL defense, they might win...and....if the judge chooses to ignore the law, they still might win.On the other hand, its perfectly within your rights to send a C&D letter to a CA stating that the debt is beyond the SOL and they should cease all further collection efforts. Doesn't mean they will, but you can try.Remember, most CAs are after the people that don't know their rights and don't show up in court to defend themselves...
Carlos Posted May 1, 2005 Author Report Posted May 1, 2005 This case is bogus, the debt absolutely can not be collected. I have already fought off several other JDBs for this very same debt.If they bring to court I will be sure to show up and affirm SOL, and a few other signature defenses. What annoys me is that it seems that the mortgage lenders have given these JDBs a leg up. Anything listed as an unpaind collection on your CR will freeze any attempt at obtaining a mortgage, thereby forcing you to deal with a JDB who would otherwise be SOL (and I mean S--T out of luck). When I DVd these scumbags they immediatley listed the Collection as "Disputed by Consumer" however this has no effect on the mortgage lender, they want to see it fully cleaned up no matter how unfair it is.There is no need to C&D them because they would not dare call me, nor has there been any written communication other than a "VERIFICATION" in repsonse to my DV. I may be able to get them on re-aging since on PG it list the account open date as sep 01 when the actual last payment was made in DEC 98.
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