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Basic (maybe) SOL question


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Ok, I'm not a complete moron when it comes to this stuff, but still have tons to learn. Hopefully this is a nice easy cut and dry answer.

As far as SOL is concerned, say a partial payment is made in Feb and no payment in March. According to OC/CA they expected full payment in Feb but only got part. Does the SOL start when they didn't receive the full payment or when they received no payment the next month?

Oh, and in case it matters, this pertains to a rental agreement (see my thread in Collections for further details). Just want to try and clarify the SOL start date.

Thanks in advance.

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You're not going to like the answer.

the answer:

it depends on if Texas considers a partial payment regarding SOL. Most states, the SOL is taken from the DOFD (date of first delinquency, the first time the account was defaulted and never brought current). Which judging by your descripion of partial payment in Feb, no payment in March...SOL would be from the Feb due date. But you need to see what Texas law says on the subject.

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Thanks,

Will see what I can find on NC law. The matter in question occured in NC, contract signed in NC etc etc so NC SOL should apply.

Was kind of hoping there was an across the board clear cut answer. But will have to keep digging.

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If they accepted the partial payment and sent another invoice the next month, then the account is not officially delinquent. It may be in arrears, meaning you didn't pay enough, but not technically delinquent. If you didn't make that next payment, the day it was due usually starts the clock. Look at the cardholder agreement, there may be a definition of when the account can become delinquent. Is this close? They rarely miss the SOL.

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legaleagle,

This is not on a CC or any other type of consumer debt, but on a rental matter. Short version - Military housing. Discharged and moved out of state so BAH is only paid to the real estate company for the days I was active duty. They are claiming back rent for 2 months (and their paperwork states dates, not just months....partial for beginning and end month).

That's why I am wondering on the partial payment starting the SOL.

According to what I have read on NC it should start when the creditor SHOULD have realized there was a problem. When only getting paid for half a month they should have figured that out and been coming calling if that were the case. I still say the jerk that checked me out lost the paperwork or forgot to file it and when they got caught several months later decided to blame it on me for skipping out.

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This is beyond me, I would suggest the Gunny for this. BTO429, former Marine and now a law student. You're getting into some really conflicting areas of law; rentals, evictions, two different forum states, and maybe even some federal stuff. I never studied any of this. What branch, Army? Marines? How long since you were discharged?

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This is beyond me, I would suggest the Gunny for this. BTO429, former Marine and now a law student. You're getting into some really conflicting areas of law; rentals, evictions, two different forum states, and maybe even some federal stuff. I never studied any of this. What branch, Army? Marines? How long since you were discharged?

legaleagle,

Marine Corps. Honorably Discharged early 2009.

On this, there was no eviction. No notice to vacate or anything. I moved out when I was released from active duty and moved back to TX. Long time goes by and they send a CA after me saying I didn't leave until 2 months after I really did and that I owe rent and damages and all that good stuff.

Since it was all in NC, NC SOL will apply. Long and short of it is if NC SOL works as I believe it does after reading up, then CA is outta luck. If I am wrong, then they could have 3 weeks to another 2 months.

CA has commited a few minor violations, but I want to wait out the SOL before doing ANYTHING else.

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