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SOL Qusstions


JTsdaddy
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how does the SOL work ? I have read so much in the past few days im getting confused. does it begin the date of last collection ? or the date it was closed by the OC. Also If the SOL runs out onjuly 2007 and it is to fall off in July 2007, can the CA sell to another CA, and start the process all over

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There's a difference between the SOL and the lenght of time something bad can stay on your reports. In Ohio, the SOL is 10 years for most stuff. I'm pretty sure its measured from your last activity (it varies by state).

The length of time something can stay on your reports is 7-1/2 years from the "date of first delinquency"...when it went past due, and you never brought it current.

So...even if it falls off your report...the OC or a JDB could still take you to court to try to collect. And, even when it eventually passes the SOL, they can still try to collect...

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So I guess When It falls off after 7 1/2 years they (CA) can sell it to another CA and begin the reporting process all over agian

NO. If they do that, then they're violating Federal Law.

what they CAN do isthis: until the 10 years are up, they can sue you, even if it's no longer on your report.

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NO. If they do that, then they're violating Federal Law.

what they CAN do isthis: until the 10 years are up, they can sue you, even if it's no longer on your report.

Correct...except they can sue you forever. If it does go past the SOL and they sue you need to go to court and raise the SOL as an affirmative defense. If the judge agrees, the suit will be dismissed...but...they can continue to dun you forever.
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Correct...except they can sue you forever. If it does go past the SOL and they sue you need to go to court and raise the SOL as an affirmative defense. If the judge agrees, the suit will be dismissed...but...they can continue to dun you forever.

I keep on forgetting that part. "If the judge agrees" sounds a bit ominous...

SOL in OH is FIFTEEN (15) years, not 10 !!

OUCH!

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Also, don't forget, if you sent in any payments of any kind the SOL is reset.

Tha'ts debatable though isn't it?? I thought only payments that actually bring the account current reset the SOL. At least, for many states that's how the statutes are worded, I believe.

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Tha'ts debatable though isn't it?? I thought only payments that actually bring the account current reset the SOL. At least, for many states that's how the statutes are worded, I believe.

sadly though ohio has one of the longest SOL's on record.. 15 years.. (for lawsuits not reporting).. most states are 3-5.. so unless you have been clean for 15 you may still have issues

In texas for example a payment will not bring an SOL up if it doesnt bring it current in Ohio that is not the case.. Ohio has some of the worst consumer laws in the country (no wonder they are all moving to NC.. lol).. honestly though a payment in ohio does reset it but as I said since your SOL is 15 years it maybe a moot point

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  • 3 months later...

Update: Just got a letter from AFNI about an old cell phone bill, now they are trying to collect, they sent a dunn letter, If I do nothing, will they report it ? If they do report it , IS it a violation, since the first collection Agency never collected and it is past the 7 year mark. Or should I dunn them and see where they take it

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So for credit card debt would this mean 15 years (Written) or 6 years (not written)?

What about a line of personal credit, like through Well Fargo for furniture on a secured debt?

There have been arguments to whether a CC is a written or open ended account. On every site I have visited, Ohio does not have anything listed under open ended. I would assume it's a written contract.

You could also contact a lawyer to interperet the laws for you.

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As you can tell from my name, I have been working solo in repairing my credit, and have managed to raise it 100 points!! I have one CO that is stubborn though, so I need your help! Here goes:

Equifax reported that date of last activity was: 7/2001

After disputed this on cr, Equifax has removed it

Ever since it has been removed, I have been contacted by a CA (FBCS from PA)

In process of sending letter cmrrr to stop contacting 3rd party ( since they keep calling my parents house, I have told them not too, they have my #)

They have told me last payment was on 8/18/2004

So, what are my SOL rights in NY

Did that payment of $15 on 8/18/2004, restart the clock?

If so, what are my options now?

I am afraid that even now it is not on cr anymore, if they take out judgement, then said judgement will be reported for the next 10 years...

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