looked up SOL for my state, PA.

[nancy361]

Just for my own interests, in PA contracts are 4yrs SOL used to be 6.....I looked up the state in which CC i have thats in collections, is in SOUTH DAKOTA, and their contracts are 6 yrs and "open accounts" which from what i read are credit cards, is 6yrs.... is thats what meant by 2 party states?? since i defaulted in 2004 with the card itself THEN went onto CCCS program for a yr then defaulted on that too , couldnt pay anymore, that was 2005......the OC account isnt showing up on my 3 credit reports anymore, only thing is 1 collection comp. that got this account in 07....so i wonder which state works with SOL....and since the debt was bought from a CA that is located here in PA... does that mean anything? its been 5 yrs.... and 3yrs that this CA has my account.

[adaisyandarose]

Yes Pa's SOL is 4 years.

 

I believe "2 party states" have to do with if you can record a telephone call. If one of the parties is in a 2 party state you must get permission to record the call.

 

Bumping it up so someone can clarify if I have explained that correctly for you.

[GonnaGetEm]

Yes, a one party state like NY requires that only one party of a phone call knows that it is being recorded (example - anyone who calls my house, since I live in NY, I can record the conversation legally without telling them as long as I am a party to the call. But I can't record someone ELSE'S conversation... just one that I'm a part of. But I don't have to tell the other guy).

 

One-party state. If both parties had to know about it in order for one of them to record it, two-party state.

 

As for the technicalities of the SOL issue, I'll let someone else comment.

[cocomad]

Just for my own interests, in PA contracts are 4yrs SOL used to be 6.....I looked up the state in which CC i have thats in collections, is in SOUTH DAKOTA, and their contracts are 6 yrs and "open accounts" which from what i read are credit cards, is 6yrs.... is thats what meant by 2 party states?? since i defaulted in 2004 with the card itself THEN went onto CCCS program for a yr then defaulted on that too , couldnt pay anymore, that was 2005......the OC account isnt showing up on my 3 credit reports anymore, only thing is 1 collection comp. that got this account in 07....so i wonder which state works with SOL....and since the debt was bought from a CA that is located here in PA... does that mean anything? its been 5 yrs.... and 3yrs that this CA has my account.

Sounds like the CA bought this debt from the OC or its now junk, (although many creditors have offices in SD and Utah and DE because they get better terms from those states to benefit them.) Usually its either the state you were in or the state the lender was in or they can sue to get a foreign judgement. Do a DV with a limited CD CMRR as it sounds like a JDB to me.

[crow]

The debt is expired. The CA is located in PA, and is engaging in collection activities in PA, which means PA's SOL applies.

[texaninfl7115]

The state you reside in is the SOL you would use.....Unless it's a CAP One card and PA allows choice of law

[nancy361]

THANK YOU, ALL.....

 

The citibank card address is south dakota.... the CURRENT CA is in PA..... this current CA bought this debt from the 1st CA , who only had the debt 5 months....

 

So as far as SOL is concerned, here in PA..... IF this CA decided to bring judgement and take this to court, it most likely will get thrown out because SOL has past? I only got 1 call that was threatening, and the guy said if i didnt call him back he was sending a sheriff out to me.... If these CA know the laws, why would they threaten THAT, knowing SOL on this debt is past?? as i posted before, the final debt balance i owed before it went to collections was 2800, now they r saying its 4700, 5 yrs later.......

 

i realize CA can call and bother me til end of time if they wanted to..... but again, if they know what PA SOL is, why would they persist and threaten to get the money, if its long past SOL??

[nancy361]

COCO, what does this mean again?

 

****Do a DV with a limited CD CMRR as it sounds like a JDB to me.****

[beli]

THANK YOU, ALL.....

 

The citibank card address is south dakota.... the CURRENT CA is in PA..... this current CA bought this debt from the 1st CA , who only had the debt 5 months....

 

So as far as SOL is concerned, here in PA..... IF this CA decided to bring judgement and take this to court, it most likely will get thrown out because SOL has past? I only got 1 call that was threatening, and the guy said if i didnt call him back he was sending a sheriff out to me.... If these CA know the laws, why would they threaten THAT, knowing SOL on this debt is past?? as i posted before, the final debt balance i owed before it went to collections was 2800, now they r saying its 4700, 5 yrs later.......

 

Please take the time to read the newbies section, this is all explained there.

i realize CA can call and bother me til end of time if they wanted to..... but again, if they know what PA SOL is, why would they persist and threaten to get the money, if its long past SOL??

 

Nancy, have you read the newbies section? seems your confusing Sol's.

 

the Ca can collect because technically, if the debt is from 2005, they still have another 2 years to try and collect on this debt.

 

PA SOL has nothing to do with how long they can try and collect. Your states Sol is if they decide to sue you in your state/county and you'd have to use your states SOL as an affirmative defense. This is all explained in the newbies section if you read it.

 

Also Ca's can collect interest depending on the type of contract they have with whom they brought the debt for/and state laws regarding such. It's not unheard of for the CA to add interest for CC debt.

 

Again, this is all explained in the newbies section.

Edited February 9, 2010 by beli