telonius Posted March 16, 2007 Report Share Posted March 16, 2007 OK just DV NCO with sample letter and CMRR. I am very sure that I am outside SOL as debt was in 1998/99 and I live in CA. (SOL 4 yrs)Can NCO sue without proving that I was within SOL? I think from DV letter they know I am on to this SOL matter so suing would be a waste of their time and money.I am hoping that i will not get some summons in the mail. Link to comment Share on other sites More sharing options...
thegame26 Posted March 16, 2007 Report Share Posted March 16, 2007 OK just DV NCO with sample letter and CMRR. I am very sure that I am outside SOL as debt was in 1998/99 and I live in CA. (SOL 4 yrs)Can NCO sue without proving that I was within SOL? I think from DV letter they know I am on to this SOL matter so suing would be a waste of their time and money.I am hoping that i will not get some summons in the mail.Yes they could/can. But if in fact it is past the sol that will be your defense to the lawsuit. Link to comment Share on other sites More sharing options...
momof5 Posted March 16, 2007 Report Share Posted March 16, 2007 Actually, OP is in California....where it is illegal to attempt to collect on an SOL debt. I would send them a C&D and inform them that to attempt to collect this is illegal in your state. Link to comment Share on other sites More sharing options...
thomassl Posted March 16, 2007 Report Share Posted March 16, 2007 Actually, OP is in California....where it is illegal to attempt to collect on an SOL debt. I would send them a C&D and inform them that to attempt to collect this is illegal in your state.Just checking to be sure there haven't been any more new changes...it was my understanding that there are only two states that do not permit contact after the statue of limitation is completed. They are Mississippi and Wisconsin. Has California now been added to the group? Link to comment Share on other sites More sharing options...
divemedic Posted March 16, 2007 Report Share Posted March 16, 2007 I think in CA it is illegal to SUE if you know the debt is beyond SOL, but I am not sure. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 16, 2007 Report Share Posted March 16, 2007 The Cali issue is unclear. Best to assume that collecting on an OOS debt is not a violation of Cali law. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 16, 2007 Report Share Posted March 16, 2007 It's my opinion that it is not a violation of Cali law to attempt collections on OOS debts. Link to comment Share on other sites More sharing options...
telonius Posted March 17, 2007 Author Report Share Posted March 17, 2007 It's my opinion that it is not a violation of Cali law to attempt collections on OOS debts.Thanks. But I would imagine that it would not be cost effective for them to sue me if they know that I was going to see them in court with SOL defense. Link to comment Share on other sites More sharing options...
Big Time Posted March 17, 2007 Report Share Posted March 17, 2007 Cali is a state of repose, meaning that when the SOL is up, the debt is legally discharged, not just un-sueable over.They can still file, hoping you don't know any of this, but you have a rock solid defense.What was the date of the inital missed payment that caused the charge off? Link to comment Share on other sites More sharing options...
IHateCAs Posted March 17, 2007 Report Share Posted March 17, 2007 Cali is a state of repose, meaning that when the SOL is up, the debt is legally discharged, not just un-sueable over.Statute and case law backing this opinion up? Link to comment Share on other sites More sharing options...
IHateCAs Posted March 17, 2007 Report Share Posted March 17, 2007 Thanks. But I would imagine that it would not be cost effective for them to sue me if they know that I was going to see them in court with SOL defense.If you are out of SOL (a mere 4 years at most in Cali) and you appear to be well informed and know your rights and intend to defend yourself in a civil suit, it would be a waste of money to sue you.In fact, if it's well documented that the above is true, you may even be able to recover costs if they tried to sue you since the suit would be brought in bad faith for purposes of harassment.Although you'd be better off countersuing under the FDCPA for the above reasoning as your award would be greater. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 17, 2007 Report Share Posted March 17, 2007 they can sue if they like.. but honestly send them a C&D (FOAD) letter. .they dont know you know its out of SOL.. they are shooting fish in a barrel hoping to get you to pay up.. if you C&D them trust me they go away after a while if you are out of SOL Link to comment Share on other sites More sharing options...
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