sweetcheeks

Chase, Midland, and SOL

Recommended Posts

I am helping a friend with some credit repair and have come across this issue-

 

Has a Chase card TL that is listed as a close version to his name but not exact,  and not a version that is listed as known on his CR

 

This account is being listed as defaulted on,  and has DOFD listed on CR as 11/2011

In May of 2012 it was sold to Midland. 

My friend was in Georgia when the account is listed as originated,  but has spent the better part of the last three years in Alabama.

Midland never sent any letters or engaged in any collection activity until January of this year (2015) when they assigned the debt out to another CA NORSTAR.

Then later he received another letter in April of this year (2015) from Stellar Recovery.  Both letters listing Midland as the owner of the Debt. 

 

Both Chase and Midland are reporting this debt on all three CR's

 

Several things-

Alabama SOL is 3years,   However I have also seen on the boards about the SOL following the creditor.  The SOL for all of the rest of the states involved 

(CA, DE, and GA) is 4 years.  

 

It almost looks like Midland waited until it was out of the AL SOL to start collecting (odd?) 

 

So what to do now-

My friend doesn't believe this account is his, but I'm worried a DV or dispute might be poking the lion .....

 

Dispute as not mine ??  With the recent chaos surrounding Chase/Midland  I was wondering if now would be a good time to dispute, because after this length of time and being bounced the info on the account is probably nil to none.  Resulting in a quick clear, on an otherwise clean CR without much fuss.  

 

However,I don't want to assume Midland is following Alabama SOL and/or start poking at a relatively sleeping  lion and open my friend up to a potential suit 4months shy of being out of SOL for this alleged debt.

 

My guess is with all of the massive back clean up Chase/Midland has to do they probably (even if they had info to sue) would not get around to it before the SOL runs out.  

 

My original though is to lay low for the next couple of months,  wait until the SOL runs out and then dispute as not mine/or no longer liable. 

 

Let me know what y'all think .....

 

TIA,

SC

 

:please::HeartRX:

 

 

 

 

 

Share this post


Link to post
Share on other sites

*Correction - Doesn't believe the account is his, name is similar but not the same.  However since he has had company cards ion the past that he was co signed to,  it's a possibility. 

Share this post


Link to post
Share on other sites

OK Now I am EVEN MORE Confused-  Please tell me which of these SOL will govern the above referenced  chase/midland debt-

 

Years    State     Type

4              GA        Open

6              GA        Written

3              AL         Open

6              AL         Written

4              DE         Open

3              DE         Written

4              CA          Open

4              CA          Written

 

I've heard it all different ways included cases cited, where one was chosen over the other and vice versa.  There seems to be no clear answer. 

 

Any help would be greatly appreciated......

 

Thanks !!!!

 

SC

Edited by sweetcheeks

Share this post


Link to post
Share on other sites

@firsthardcheese   I didn't want to continue Hijacking Dosoco's post..... can you tell me if the six year SOL changes if it is Chase/Midland.  I pulled a CC agreement from Chase posted online from that time and it has the choice of law listed in DE.  Can I use that 3 year SOL as a defense,  or does it change because Chase's current agreement cites NY state as its choice of law state.   Also does the fact that it's been sold to Midland change the option of using Choice of law as a defense ?

 

Thanks !!

 

SC

Share this post


Link to post
Share on other sites

Credit cards have been ruled as written contracts in most states.  If Alabama is one that says it is an open account, then the SOL would be 3 years.  If your friend has a permanent residency, then the AL SOL applies.  

Midland waits so they can rack up some interest before they sue.

He could dispute, if they do sue, he could demand arbitration.  Chase has arb for JAMS in their agreements.   

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.