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collection past SOL question


gypsie
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I recieved a collection letter, and I have sent a DV, waiting to hear back... If the debt is truly mine, and I have a feeling it is, then it's probably a business debt (electric bill) that went delinquent in April 2003. After going rounds with the AG's office to find out what the SOL is, I am informed the SOL is 3 years, that now makes the debt beyond the SOL.

So.. once I recieve validation from the CA, should I just send a letter stating the SOL has passed, and do I need to send a letter from my AG's office as well??

The CA is in Washington, I'm in Mississippi where the debt went delinquent. I'm asking this because the AG's office had nothing "official" or written on SOL on utility bills. They finally asked me to call the public works dept and then between the 2 of them, they verbally decided the SOL was 3 years. I don't know how much effort the CA will put into trying to find out the SOL for themselves

I'm just preparing for the worst

THanks in advance!

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To gypsie,

You somewhat have to realise that there are a number of different SOl's and what you are referring to is your State's SOL on them suing you in a court of law. And even that does not stop them from you from suing you---it merely means that if they sue in in a court of law---you have an affirmative defense---open and shut case---its past the suing SOL---case dismissed---but you would still have to respond to a summons to assert that defense.

The other club they have over you is that can list this on your credit report---and the SOL there is seven years.

But as someone else has pointed out---thgis is a business debt and this complicates things.

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Keep in mind that you are dealing with a commercial debt, and things like DVing have no real effect.

SOLC obviously still applies, but the FDCPA is completely out of the window.

I had no idea, that a business debt made a difference.... so, what you're saying is, the CA doesn't have to respond to my DV, even if the miranda is on the notice?

just so you guys know, I'm not looking NOT to pay the debt- if it is mine, I do want to pay it, but I was hoping being past the SOL- I could negociate a PDF, and I just wanted to make sure I could use the SOL for defense if the CA tries to sue me, what scares me is MS AG's office not knowing for sure what the SOL truly is.

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I'm not sure but I believe if this utility is goverment owned, it may not have an SOL.

I don't think it is government owned, their website says this under the legal information:

"1998-2006 Entergy Corporation, All Rights Reserved.

The Entergy name and logo are registered service marks

of Entergy Corporation and may not be used without the

express, written consent of Entergy Corporation."

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Even though we cleared this up earlier... well maybe, but it seems like this was a private company and not a govt utility...

SOL does not run against municipalities in Mississippi. Was reading some FDCPA case law yesterday and saw one from Mississippi about suing on time barred debts. No time bar on govt run entities.

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SOL does not run against municipalities in Mississippi. Was reading some FDCPA case law yesterday and saw one from Mississippi about suing on time barred debts. No time bar on govt run entities.

That's important to check which is why I pointed it out here.

Same can apply to medical debts incurred in a hospital. If it is a "community" hospital, or otherwise operated with state or subdivision funding, it can be classified as a municipality, changing the SOL landscape.

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