KDogg Posted November 23, 2009 Report Share Posted November 23, 2009 I was looking at the SoL topic on this site, reviewing my state's SoL's. I am a bit confused as everything refers to 'contracts'. How do I know what type of contract an account is? Most things on my CR are medical-related, and some are quite old. Just want to make sure whether they're old enough to simply dispute SoL and get rid of them more easily.If someone could post the types of contracts and give some examples of each, that would be very helpful and greatly appreciated!KDogg Link to comment Share on other sites More sharing options...
nascar Posted November 24, 2009 Report Share Posted November 24, 2009 How old is "quite old"? Link to comment Share on other sites More sharing options...
KDogg Posted November 24, 2009 Author Report Share Posted November 24, 2009 Some are around 5 years, with a couple even older. I know those are getting close to dropping off the CR so I'm not too worried about them, just would like to know in case a CA decides to get nasty. I had what was apparently a JDB call me a few months ago about some phone bill from 11 YEARS ago! Needless to say, they were quite upset when I told them I had no intention of paying a bill that old, and even more so when they threatened to sue and I informed them it was well past the SoL. Needless to say, not only have I not heard from them again, nothing has appeared on my CR's either. Anyway, back to the topic - I'd just like to know for current and future reference what types of contracts different accounts might be considered as. KDogg Link to comment Share on other sites More sharing options...
LUEser Posted November 24, 2009 Report Share Posted November 24, 2009 Not sure if this covers the entirety but under the UCC there are usuallyContracts (Written, Oral, Sealed, etc.) Sales under the UCCOpen Ended Agreements or "Open Accounts"JudgmentsThere are others, but in debt collection, these are the most common. Each state sets its own statute of limitations, unless the UCC governs Federally. You can look up your state here: http://www.fair-debt-collection.com/SOL-by-State.html Link to comment Share on other sites More sharing options...
KDogg Posted November 28, 2009 Author Report Share Posted November 28, 2009 Ok, here is what I'm running into.1) Bad check from 2005. This one had never shown up on my CR's before; I just discovered it on one of them this past week. Generally, bad checks are handled through the county sheriff and magistrate court. Never had a CA pull one on me.2) Medical bills from various dates. I have a few of these, some of which are rather old and one that is not even mine. That one was removed before but later reinserted. 3) Something from an old cell phone bill. I know what it is - a bad check fee $25. I had to pay this when I repaid the account with cash. I was given a receipt which, unfortunately, I don't have, for the full amount. Ok, with those being the three major things I am concerned about, what kind of contract would each fall under? Link to comment Share on other sites More sharing options...
nascar Posted November 28, 2009 Report Share Posted November 28, 2009 None of the things you have listed appear to have a statute running longer than 4 years. W. Va. Code § 55-16-1 refers to civil remedies available for worthless checks. I would expect that once you read that, it will occur to you that the CA is not following the correct procedure in attempting to collect on the check. Link to comment Share on other sites More sharing options...
KDogg Posted November 29, 2009 Author Report Share Posted November 29, 2009 Thank you, nascar! Much appreciated!KDogg Link to comment Share on other sites More sharing options...
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