SOL violation has me fired up!

[onthecomeup84]

:twisted:

Okay, I signed a cell phone contract with Suncom in August 2002. I pull my credit report to see that not only one, not two, but three CA are reporting the very same debt still. I signed the contract in SC, and now live in NC.

Question 1: Does the SOL apply to where the contract was signed, or where I currently live?

Question 2: I plan on DV all three CAs and the CRAs first off. Even if SOL have not passed, what is best way to handle these multiple listings from here?

Thanks guys

[hiblues]

SOL is based on your current State of residency

You are doing the right thing-

- disputing with CRA's

and

-DVing.

You signed contract in August 2002 but when is the DOLA?

[ShortBus]

SOL is based on your current State of residency

Seriously? What's to prevent someone to moving to Cali (or another state with consumer friendly laws) just to duck creditors?

[hiblues]

What's to prevent someone to moving to Cali (or another state with consumer friendly laws) just to duck creditors?

Nothing.

and Texas is one of the friendliest to debtors because your wages cannot be garnished.

[nascar]

Seriously? What's to prevent someone to moving to Cali (or another state with consumer friendly laws) just to duck creditors?

You can look at it from the perspective of ducking creditors, but that really isn't the case. If you default on an obligation and the creditor is really concerned about the loss, they need to take action within a reasonable time. In business, there is never a reason to wait 5 or 10 years to sue for a past due balance.

The states with shorter SOL laws just happen to believe that businesses need to conduct themselves in a reasonable manner if they intend to pursue legal action on things like defaulted accounts. It's more about promoting responsible business dealings than helping debtors avoid creditors.

[willingtocope]

And, just to make sure we're clear. Under the FDCPA, they can sue in either state. If they sue in the state in which you no longer live, they'll probably get a default judgement...because you won't show up. Then, not only will they have a judgement to throw at you should you ever return (for as long a 20years), they may be able to domesticate it to the state in which you currently do live. Domesticating a foreign judgement may be subject to different laws (and SOLs) then the original debt. And, just to further confuse the issue, remember that some states "toll" the SOL when you leave. Again, should you ever go back, they might try again in the other state.

[ShortBus]

What do you mean be "toll" the SOL?

[willingtocope]

In some states, the time period stops counting when you leave the state, and then restarts (and maybe even resets) when you return.

[up100in6months]

onthecomeup84: I had the very same thing happen to me! What you need to do first is dispute this multiple acc't with the 3 bureaus. I was able to dispute them online through myfico.com (not sure what website u used) Within 2 weeks the duplicate was removed!! Second, find out what is SOl in SC, did you move to NC before or after SOL was up?

willingtocope is correct, they have the right to take follow either state's laws. ( i believe you can find this: Section 811 of the FDCPA and in Consumer Credit Protection Sec. 1692i. ) You're on the right track, dispute these multiple items first. My opinion is, if they are not actively pursuing a judgement (or have served you with court papers) i would not DV them. i would try to quietly let the SOL run out without rocking the boat. hope this helps!

*read this link for SOL:http://www.fair-debt-collection.com/SOL-by-State.html#34

[nascar]

Under the FDCPA, they can sue in either state. If they sue in the state in which you no longer live, they'll probably get a default judgement...because you won't show up.

The FDCPA does not create jurisdiction where it doesn't exist. Even though the FDCPA says you can sue in either location, there is only one court that has personal jurisdiction over you. You cannot have two domiciles.

First, you have to be served and yes, I know all about deceptive service of summons and all that, but realistically, 99.9% of the time, a court is not going to allow that kind of nonsense. Having said that, any judgment that is entered against you by a court that lacks jurisdiction over you can be vacated ... but you have to do that yourself.

[creditquestions]

This may sidetrack the original post a tad but...

I have at least 20 marks on my credit report - 10 from the original creditor (credit card debt) and 10 from collection agencies that now handle the collection efforts.

Should one dispute these collection efforts with the three credit reporting agencies? If so, is there a sample letter for doing this? Or do we contact the actual creditor to dispute?

NEXT BIG QUESTION - Will this stir troubles for me if I have not heard from either the original collector or their hired collection goons in 5 years?

A bit nervous to start bringing up old crap but really want to getting my ratings up.

[FICO is Flawed]

:twisted:

Okay, I signed a cell phone contract with Suncom in August 2002. I pull my credit report to see that not only one, not two, but three CA are reporting the very same debt still. I signed the contract in SC, and now live in NC.

Question 1: Does the SOL apply to where the contract was signed, or where I currently live?

Question 2: I plan on DV all three CAs and the CRAs first off. Even if SOL have not passed, what is best way to handle these multiple listings from here?

Thanks guys

Look at the dates that the CA's last reported. Only the OC and only one CA can legally report a debt at a time. The other two CAs should go bye bye fairly quickly upon dispute with the CRA's (or 1-2 punch).

Check the dates that all three CAs last reported. Only one date should be recent while the other two should be older. The two older ones had the debt at one time but no longer do and they are not legally allowed to report if they no longer have the debt.