triumph7 Posted May 17, 2007 Report Share Posted May 17, 2007 I have a few negatives on my CR and the date they're going to drop off from TU is in two years. Should I still attempt to validate the debt even though the statute of limitations has expired and they haven't contacted me?On the one account that Midland Credit contacted me on via their attorneys (Eskanos and Adler) I'm in the process of validating that one, and that is the right thing to do, right?Thanks for your help on these questions... Link to comment Share on other sites More sharing options...
stancil1 Posted May 17, 2007 Report Share Posted May 17, 2007 Yes, that's the right thing to do...Make sure that when you correspond with them, that you refer to it as "the alleged debt" also, since the SOL has expired, refer to the alleged debt as time barred.DV the other CAs as well, especially now since there is nothing that they can hope to gain. Link to comment Share on other sites More sharing options...
dazedandconfusedincali Posted May 17, 2007 Report Share Posted May 17, 2007 I have the exact same situation as you, all 4 of mine are going to drop off in 1 1/2 to 2 yrs. After getting harassed by a creditor and not knowing what to do, I almost made payment arrangements. Then I found this site and have been researching for weeks. I had no idea about SOL's. I mailed out DV's yesterday, and disputes to the CRA's now the waiting game begins. Link to comment Share on other sites More sharing options...
2fatkats Posted May 18, 2007 Report Share Posted May 18, 2007 Real quick everybody,I'm in the process of cleaning up my credit and I've been doing all that online. Well I disputed this debt from a CA and it's for $857. It all came back verified and due to stay on my report until July 2007. NOw I know that's in just a few months, but I was wondering if I can use the SOL?Here's what my report says:Date Opened: 02/2003 Date of Status: 01/2001 Reported Since: 01/2001 Monthly Payment: Last Reported Date: 03/2007 Now all of this is being reported in Ca, so I think the SOL is 4 yrs, but I could be wrong and I also may not even understand SOL, but I would really like to!!! If this is in violation, what do I do?Can anyone help me with this and just a little bit of help understanding SOL?Thanks everyone!! Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted May 19, 2007 Report Share Posted May 19, 2007 Real quick everybody,I'm in the process of cleaning up my credit and I've been doing all that online. Well I disputed this debt from a CA and it's for $857. It all came back verified and due to stay on my report until July 2007. NOw I know that's in just a few months, but I was wondering if I can use the SOL?Here's what my report says:Date Opened: 02/2003 Date of Status: 01/2001 Reported Since: 01/2001 Monthly Payment: Last Reported Date: 03/2007 Now all of this is being reported in Ca, so I think the SOL is 4 yrs, but I could be wrong and I also may not even understand SOL, but I would really like to!!! If this is in violation, what do I do?Can anyone help me with this and just a little bit of help understanding SOL?Thanks everyone!!SOL gives you an affirmative defense in court and nothing more. They can continue to try and collect on the debt forever, and they can report for up to 7 - 7.5 years unless you live in a state that does not allow reporting past SOL. The only one that I know of that this MIGHT be the case is NC. Link to comment Share on other sites More sharing options...
justagirlinnc Posted May 20, 2007 Report Share Posted May 20, 2007 SOL gives you an affirmative defense in court and nothing more. They can continue to try and collect on the debt forever, and they can report for up to 7 - 7.5 years unless you live in a state that does not allow reporting past SOL. The only one that I know of that this MIGHT be the case is NC.Is this correct? NC law prohibits reporting after the expiration of the SOL? And if so, where the heck do you dispute it? Obviously the CRA's don't care (I have disputed a re-aging 3 times to no avail!). Is your only recourse filing suit? Link to comment Share on other sites More sharing options...
nascar Posted May 20, 2007 Report Share Posted May 20, 2007 Collectors cannot attempt to collect after the expiration of SOL. So far, there is no case law (that I'm aware of) that says CAs can't report the debt. Link to comment Share on other sites More sharing options...
momof5 Posted May 21, 2007 Report Share Posted May 21, 2007 Actually, the laws on reporting past SOL usually state..."...cannot report debt that antedates the report by 7 years OR after the governing statutes of limitations has expired..." Well that is when many stop reading...the rest of the statute says "......WHICHEVER IS LONGER". Link to comment Share on other sites More sharing options...
nascar Posted May 21, 2007 Report Share Posted May 21, 2007 Actually, the laws on reporting past SOL usually state..."...cannot report debt that antedates the report by 7 years OR after the governing statutes of limitations has expired..." Well that is when many stop reading...the rest of the statute says "......WHICHEVER IS LONGER". Are you referring to North Carolina statutes? That's what the OP was asking about. Link to comment Share on other sites More sharing options...
momof5 Posted May 21, 2007 Report Share Posted May 21, 2007 Nascar....nah, it was a general statement. I have been browsing other state statutes (not NC) and saw this over and over. I didn't look specifically at NC...my bad. Link to comment Share on other sites More sharing options...
UNCForest Posted May 21, 2007 Report Share Posted May 21, 2007 For the love of God someone find out if we NCers can have a post-SOL TL deleted before the 7 years is up! Link to comment Share on other sites More sharing options...
nascar Posted May 21, 2007 Report Share Posted May 21, 2007 For the love of God someone find out if we NCers can have a post-SOL TL deleted before the 7 years is up! No, nothing mandates that Link to comment Share on other sites More sharing options...
Ahntara Posted May 21, 2007 Report Share Posted May 21, 2007 Search the phrase (and law) Statute of Repose... Link to comment Share on other sites More sharing options...
UNCForest Posted May 21, 2007 Report Share Posted May 21, 2007 No, nothing mandates that' Link to comment Share on other sites More sharing options...
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