Determining SOL in California

[dlgone]

I have a question regarding the SOL. I live in California, if that makes a difference. I am aware of the term (4 years), but would like some clarification on when the 4 years starts running.

I had a credit card account. The following summarizes the payment history:

10/2003 Current

11/2003 30 Days Late

12/2003 60 Days Late

01/2004 90 Days Late

02/2004 120 Days Late

03/2004 150 Days Late

04/2004 Charge Off

The account was then picked up by a JDB in 05/2004.

So my question, does the SOL expire 10/2007 (4 years from last payment), 11/2007 (4 years from first delinquency), or 04/2008 (4 years from Charge Off)?

This is bothering me as I am now wondering if I am out of the SOL or if I have another 3-4 months.

Thanks in advance for your help.

[Debt Guy]

The SOL begins to run from the date of harm or breech -- generally referred to as the Date of First Default. DOFD is generally 30 days following the date of last payment (after which the account was never current). In other words, the date of harm/breech is the due date of the payment you defaulted on.

Make sense?

I am not going to pretend to interpret for you that string of dates you posted. Surely you know when you quit paying. I'm guessing the DOFD would be 11/03 in which case the SOL expires 12/07.

Be advised that the SOL will toll (or stop running) at any time you leave the state and will start running again when you return (the clock does not start over but just starts from the point where it stopped).

Also, you should know that out of statute is not a bar to being sued. SOL is merely an affirmative defense to a legal action. If you are sued, you must respond to the lawsuit in the manner required by your local court. Do not ever ignore any summons. If you fail to respond correctly, the plaintiff will be awarded a default judgment and you will forever waive your SOL defense.

Also, a debt that is OOS is still subject to collection activity so you can still get calls, etc. I do recall that CA has a statute of repose but I do not recall the dates associated with the SOR. CA is pretty unique in this regard as most states do not have a SOR. SOR is the date the debt "dies".

Got it?

[dlgone]

The SOL begins to run from the date of harm or breech -- generally referred to as the Date of First Default. DOFD is generally 30 days following the date of last payment (after which the account was never current). In other words, the date of harm/breech is the due date of the payment you defaulted on.

Make sense?

I am not going to pretend to interpret for you that string of dates you posted. Surely you know when you quit paying. I'm guessing the DOFD would be 11/03 in which case the SOL expires 12/07.

Thank you for the quick response. I was looking for assurance that "harm or breech" was actually the first delinquency after which the account was never brought current. I have been avidly reading this forum and was unclear if the "Charge Off" date was sometimes used in lieu of the first delinquency after which the account was never brought current.

Be advised that the SOL will toll (or stop running) at any time you leave the state and will start running again when you return (the clock does not start over but just starts from the point where it stopped).

I am aware of the SOL being tolled if at any time I were to have left the state. I have not left the state at all in the last four years. Are there any other actions which you are aware of that would toll the SOL?

Also, you should know that out of statute is not a bar to being sued. SOL is merely an affirmative defense to a legal action. If you are sued, you must respond to the lawsuit in the manner required by your local court. Do not ever ignore any summons. If you fail to respond correctly, the plaintiff will be awarded a default judgment and you will forever waive your SOL defense.

I am aware that the SOL does nothing other than offer an affirmative defense to a legal action. It is still a relief to know that if I am served a summons, I will have a defense.

Also, a debt that is OOS is still subject to collection activity so you can still get calls, etc.

Once past the SOL, am I able to file a Cease & Desist to bar the JDB from further contact?

I do recall that CA has a statute of repose but I do not recall the dates associated with the SOR. CA is pretty unique in this regard as most states do not have a SOR. SOR is the date the debt "dies".

From what little searching I've done, the SOR in usually inapplicable to credit/collection issues. The SOR as it applies to construction appears to be ten years, but I could find nothing in reference to the SOR and credit/collections.

Got it?

I believe so.

My main reason for looking for some assurance on the date as to which the SOL starts running is that there is some variation on the credit reports as to specific dates. The payment history I reported above is on my reports from both EX and EQ. The payment history is simply not shown on TU.

I can also see the date scheduled to report to:

EX: 08/2010

EQ: N/A

TU: 07/2010

And the DOLP:

EX: N/A

EQ: 08/2003

TU: 08/2003

These all seem to indicate that I am past SOL, as well. But I do see on EQ an entry for, "Date Major Delinquency First Reported: 04/2004."

This last entry made me wonder if it was the "Charge Off" date that was used to determine the SOL.

Thank you again for your reply. I really appreciate you taking time to read and respond to my post.

[debtorshusband]

Once past the SOL, am I able to file a Cease & Desist to bar the JDB from further contact?

Heck yes, I would.

DH

[Debt Guy]

In my opinion, you should not be using a credit report to determine SOL status. They are too hard to read and have too many errors and inconsistencies.

If you can't reconstruct the information from your own records, contact the original creditor. Try to get something in writing.

If you are sued, and you raise SOL as a defense you will need to prove the debt is OOS. All the more reason to go ahead and get your ducks all lined up with something in writing from the OC. The judge is not going to accept the credit report.

Yes, if you are satisfied the debt is OOS, it is safe to send a C&D. Remember that all the C&D does is stop collection activity. Are you getting calls now? If not, why waste the postage?

Regarding your question about tolling of the SOL, my notes remind me the only other trigger event is if you make a payment after the SOL has expired -- in which case the SOL clock starts over. My notes are old, so don't bank on this.