MadinKS Posted March 12, 2007 Report Share Posted March 12, 2007 Before finding your site I called a bunch of the CA's on my wife's CR and one offered to settle for 50%. That's great but the account's DLA was 12/2000 and KS SOL is 5 years (glad I found this forum). This account will be coming off in Dec. anyway(hopefully), but is it a violation or something to knowingly try to settle with me, knowing the SOL is expired? Any help accepted. Thanks.MadinKS Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 Kansas SOL is up to 10 years I believe.No violation for trying to settle on an SOL expired debt in most states. Link to comment Share on other sites More sharing options...
Debt Guy Posted March 12, 2007 Report Share Posted March 12, 2007 is it a violation or something to knowingly try to settle with me, knowing the SOL is expired?No. You still owe the debt and will owe it until the end of time (technically, a few states have what is called a statute of repose -- which means the debt dies -- but I don't think KS is one of those few states). SOL merely is an affirmative defense in the event you are sued. If you fail to assert your defense, then a judgment will be granted to the creditor and you will lose all right to later assert the SOL defense. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 13, 2007 Report Share Posted March 13, 2007 they can try to collect until you die. only two states do not allow them to contact you after SOL and I cant remember who they are... I THINK one is Mississippi.. again I am not sure.. you can get bills 20 years from now for this account.. now if you pay on it you do start your SOL over again so be aware of that also... but no they did not violate a thing... Link to comment Share on other sites More sharing options...
IHateCAs Posted March 13, 2007 Report Share Posted March 13, 2007 Mississippi and Wisconsin. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 13, 2007 Report Share Posted March 13, 2007 Mississippi and Wisconsin.THANK YOU!! I always have the hardest time remembering that.. I appreciate it! Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 The SOL for Kansas is 5 years for written and promissory contracts and 3 years for oral contracts and open-ended accounts. These are the states that just payment alone does not constitute reviving or extending the SOL:Alaska, California, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Maine, Massachusetts and Michigan. These can only be extended by a written new promise to pay. Link to comment Share on other sites More sharing options...
MadinKS Posted March 13, 2007 Author Report Share Posted March 13, 2007 Sorry everyone life called and had to ditch out for the day. Thanks to everyone for the input. I guess my next question would be: Should I go ahead and DV all these accounts and hope for lack of records or something? Or should I just dispute it through the CRA's? Thanks for the help everyone. I appreciate that I can turn to the forum when confused(which is quite a bit here lately). Link to comment Share on other sites More sharing options...
MadinKS Posted March 13, 2007 Author Report Share Posted March 13, 2007 Thomassl, Where did you get the info on extending the SOL? I've been looking for that info for awhile because my wife has made payments on some accounts for a few months for fear of a judgement but I want to see the proof that she owes what they say she owes. A link would be great. Thanks.MadinKS Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 Thomassl, Where did you get the info on extending the SOL? I've been looking for that info for awhile because my wife has made payments on some accounts for a few months for fear of a judgement but I want to see the proof that she owes what they say she owes. A link would be great. Thanks.MadinKSIf the get the book, "Money Troubles by Attorney Robin Leonard" you can find this information. I got the book from the library and found it to be extremely useful! Link to comment Share on other sites More sharing options...
MadinKS Posted March 13, 2007 Author Report Share Posted March 13, 2007 Excellent! I'll have to swing by the old Library and get all learned up. Thanks for the quick reply. Link to comment Share on other sites More sharing options...
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