driver26girl

NC Statue Question

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Can someone point me where to get the exact information of NC SoL. I have been to the statue website but found it very confusing? This is in relation to my being sued by Unifund and it being out of SoL. Last payment/activity was in 1/30/03.

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It may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified NC lawyer.

Contracts: 3 years. Most CC Debts fall under this category. Thus your Unifund suit must be filed within 3 years of the DOLA (date of last activity) as noted on your Credit Report.

Keep in mind, that this is only an affirmative defense, they can still continue to persue collections activities, they still can sue after the 3 years is up, however it will be your job to prove to the judge that the SOL has run out and he/she should dismiss the case.

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NC is three years period.. Unifund is KNOWN for this.. they sue in NC alot.. so send them a C&D unless you have been served but if last activity or last payment is the date you indicate you are out of SOL and in NC they take that seriously .. it is illegal to file suit after SOL here.. you can threaten to counter.. it is in our state statues

also they tried this with me.. a VERY stern letter from a lawyer did the trick.. the are hoping you will not show up and get a default.. show them you KNOW its out of SOL they will drop it..... they assume most people are NOT aware of this.. not sure why you are confused about our SOL its very cut and dry, open and written are the same.. in many states its not which is where the confusion lies...

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North Carolina statute 75-55(1) prohibits a collector from “seeking acknowledgement of a debt barred by the statute of limitations”:

§ 75‑55. Unconscionable means.

No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:

(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.

I believe a request for payment constitutes a request for acknowledgement and is therefore illegal.

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Thanks you guys are awesome. I just could find the exact statute. I really appreciate your help. It is out of Sol.........DOLA was 1/2003. But they have til 12/15/06 to respond to my defenses. I will keep you posted. Thanks again to all of you for your help.

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Can someone point me where to get the exact information of NC SoL. I have been to the statue website but found it very confusing? This is in relation to my being sued by Unifund and it being out of SoL. Last payment/activity was in 1/30/03.

Verify on your CR the DOLA, also did unifund attach a complaint/affadavit to your summons? Check to make sure the DOLA's match. Cant really stress importance of this enough. Also make sure the case was filed with the courthouse after 1/30/06, its rare but I've heard of cases being filed a year before someone got served, so if they filed before 1/30/06 they are within sol nomatter your court date.

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Verify on your CR the DOLA, also did unifund attach a complaint/affadavit to your summons? Check to make sure the DOLA's match. Cant really stress importance of this enough. Also make sure the case was filed with the courthouse after 1/30/06, its rare but I've heard of cases being filed a year before someone got served, so if they filed before 1/30/06 they are within sol nomatter your court date.

you dont always have to go by DOLA.. remember many times your last payment is after DOLA whatever action is the most recent is what they go by.. also Mparksmagic makes a good point.. a friend of mine was served a month ago but they filed six months ago.. it is rare but check the date on the document from the court... they can file before the SOL serving has nothing to do with it

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you dont always have to go by DOLA.. remember many times your last payment is after DOLA whatever action is the most recent is what they go by

I'd like to buy a vowel please.........

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you dont always have to go by DOLA.. remember many times your last payment is after DOLA whatever action is the most recent is what they go by..

I agree with this, I'm just saying to make sure all information has been reported correctly. If there are any holes, I believe it gives you more leverage.

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I agree with this, I'm just saying to make sure all information has been reported correctly. If there are any holes, I believe it gives you more leverage.

Not always.. in some court cases the CR is not even allowed to be brought in... I have seen this a few times.. where the judge won't look at it

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