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  1. Staute of limitations on debts ◦British Columbia – Section 3 (5) of the BC Limitation Act sets 2 years as the limit for debt, 10 years if there is a judgement. ( does not applied to secured transactions ) http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section3 NewAct will only apply to claims discovered after June 1, 2013 ◦Alberta – The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement. ◦Manitoba - Limitation of Actions Act, C.C.S.M. c. L150, s. 2(1)(g) sets 6 years as the limit for debt. ◦New Brunswick
  2. I have a 5 year old cred card debt originally with Citibank. Last acclivity was 8/2009. They never tried to collect. It has been sold a couple times and re-aged by some company to 4/11/2011, I'm in Iowa and not sure what the SOL is now. My ex wife ran that up and ran out on me and left me with nothing. Any advice?
  3. The Master Understanding SOL and 7 Year Reporting Thread There is often much confusion on SOL, restarting SOL, and the 7-year/ 7.5-year rule for reporting. Hopefully, this thread can be of some help and answer some of your questions. I will discuss SOL and Credit Reporting separately, so some of your questions not answered in the first part may be answered in the second. This info in this thread is generally aimed at credit card debt, but the basics may apply to other debts. If there is anything I missed please feel free to add to the thread and if you find that I made a mistake, please le
  4. I have been trying to clear up DH report. I received a letter from LVNV attempting to collect. These are our facts: Date opened: 3/6/2008 DOFD: 5/2008 C/O: 11/2008 Account was opened, used, closed and past SOL in FL (SOL is 4 years) We moved to IN after it went past the SOL in FL but it is also past the SOL in IN (6 years) The OC account is scheduled to fall off 03/2015 LVNV funding started reporting on 11/17/2008 (TU) and 11/01/2008 (EX, EQ) Should I just ignore their letter and let them fall off in a year, or could I send them a letter back for trying to collect on an ac
  5. So here is our timeline... OC: Cap One 3/6/2008 opened 5/2008 DOFD 11/2008 C/O <Account opened, used, charged off in FL. SOL went past while a resident of FL (4y)> <Moved to in AFTER all the above and SOL is still past in IN (6y)> 10/08/14 Sent the first letter to CRAs mentioning the OC and the CA account ( http://whychat.5u.com/initdispltrsol.html ) 10/16/14 TU deleted everything (yay) 10/17/14 EX removed only the OC 10/27/14 EQ removed only the OC 10/27/14 Sent the letter to the CA ( http://whychat.5u.com/nottoca.html ) 10/30/14 It was received
  6. Good Evening. First, I'd like to say how thankful I am that I found this site. All this time, I've thought the SOL for Tennessee is 7 years. I have been patiently awaiting January 2015 to file a dispute to have 2 medical accounts removed from my CBR. However, I just found out the SOL is actually 6 years in TN. A few years ago, I disputed them a few years ago with the CA and they never responded. I forgot about them until I recently received copies of my reports. Does anyone advise that I go directly to the EQ and TU website to dispute the accounts or is it imperative that I follow the
  7. My apologies if this gets long. In 2003 we had a boat reposed. We had been paying a small amount each month towards the balance that was left after they sold it (which was a lot over $10,000). We were doing this through an autopay. There was a mishap in the autopay and it hadn't been coming out. Now this balance has been turned over to a collection agency (Mountain State Adjustment if anyone is familiar). I talked to them for the first time today and they want $12,900. I cannot even imagine there was that much left on the balance so I am not sure where that number is coming from. I was plannin
  8. Had a collection with Midland pop up for an old Orchard Bank card. Account was outside SOL, sent FOAD letter. Below is the response I received: ___________________________________________________________________________________________________________________________ Dear David, The purpose of this letter is to advise you that you did not provide sufficient information to investigate your dispute of the credit reporting of your above-referenced account pursuant to the Fair Credit Reporting Act. We understand you are disputing the accuracy of our records concerning the above refer
  9. Written contract: 15 years, (O.R.C. §2305.06). 2305.06 Contract in writing. Amended by 129th General Assembly File No. 135, SB 224, § 1, eff. 9/28/2012. Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within eight years after the cause of action accrued. Section 2. That existing section 2305.06 of the Revised Code is hereby repealed. Section 3. Subject to Section 4 of this act, section 2305.06 of the Revised Code, as amended by this act, applies to actions in which
  10. Hello - I would really appreciate some guidance with this. I have looked at all of Whychat's guides and prepared DV letters for the CA's, however looking closer, I read if DV's are sent within the SOL, then I could be sued. How do I go about getting this taken care of while within SOL? Does SOL start with the date of delinquency or with date of when it went into collections? We are in Florida, so I think SOL is 5 years for written contracts. I have one medical bill for $260, I honestly don't know what it was for exactly. I never got bills for it that I know of, though I did move aroun
  11. I was preparing to send a FOAD letter to Midland regarding an old HSBC account. The DOFD was May 2009. What worries me is I currently reside in Maine, where SOL is 6 years. HSBC account was Nevada (4 Years). HSBC accounts were acquired by CapOne in Virginia (3 years). I was living in Pennsylvania when the account was opened (4 years). Surely moving to a state with a longer SOL, after the SOL had already passed, does not suddenly reopen the window for litigation? How do I know what applies?
  12. Does anyone know how a cell phone bill is classified? I have been googling for days and have yet to find a clear answer. The statue of limitations in my state is 10 years for written contracts and 3 years for open accounts. I have a 3.5 year old cell phone bill in collections (Midland) and I desperately need to know if the SOL has run out on this. Thank you.
  13. So I started this process back in 2009, having some luck, but due to disability and medical, I never was completely successful. However, on another note.... have a baddie from a utility company. I was successful years ago in having it removed from all but one credit bureau. Its past SOL for state, and I really want to have it removed as I want the best rate for a new mortgage. I have had letter templates saved for years but cannot seem to find what I write to OC and CRA when its past SOL. Now heres the catch, its past SOL for state, but not past 7 1/2 yrs for reporting to CRA. Do I have any ho
  14. My brother, who lives in Albany NY has a couple of old charge off accounts approaching the SOL for NY state (6 years). HE showed me his credit report and it read date of first delinquency 9/2008. Most are small under $1000.00 but one from Cap One is 7K. He hasn't been contacted by any of them, but he moved a few times and hasn't worked. HE credit reports have old addresses on them. So what to do? I don't see that the big one has been assigned to any collection agency (not showing on his report). What are the chances that the SOL will pass in 2 months? Anyone have any advice?
  15. A rep from Fisher & Burns LLC in Orange County contacted my work place asking for procedures to on how to serve me today. They left their phone number and my case number with the principal's secretary of where I teach. I called them back during my break and they said they had someone in Napa, CA to serve me BUT if I wanted 24 hours to review to request to settle they would send me an email. I said "Okay". It is for a Chase Account that first went delinquent in April of 2007 and again in June of 2007. Max Delinquency of 120 Days in 09/2007. Account Closed 12/2007. As far as I
  16. Hi All, Im hoping someone can provide me some guidance here.. I had an old account from Juniper from 2006. I had 2 CA's (LHR and Ascension) trying to collect on this in my report. I DV'd both of them last month and disputed with the CRA's and the entries are now off my Credit Reports. However, I received 2 letters from one of the CA's (Ascension) attempting to validate this debt. They included the ff. information per my DV letter: Original Creditor: Juniper Bank Current Owner of Account: Ascension Services Ascension ID: 114xxxxxxx (listed their ID i just x'd out some info intent
  17. I have been trying to get a correct, legal answer to this question. I have several zombie TL's on my reports which come back verified (thanks Experian and Equifax). Various online sites say reporting zombie debt (debt known to be outside of the statute of limitations) is illegal, while other sites that debt can remain on credit reports for 7 years. Is there a straightforward answer to this? Thanks.
  18. Lgarc13

    SOL

    I lived in AZ from 08-11 and moved back to TX. I had incurred some bad debt there and now have questions about the SOL. Do I go by TX sol or AZ? The debt was a school loan, utilities, and a medical. I mistakenly sent a dispute to CRA without reading whychats method. Purchased in vehicle in TX and it was repoed in AZ, what sol should I look at? All of the info on CB can sometimes overwhelm me. Any help would be appreciated. Thanks
  19. Please Note, this is a bill passed by the NY Assembly, it has not been passed by the Senate yet, it has been presented twice before but has not passed.... New York Assembly Passes Debt Collection Bill; Also Lowers Statute of Limitations 34inShare Patrick Lunsford April 25, 2013 2 Responses The New York State General Assembly Tuesday passed a bill titled the Consumer Credit Fairness Act which significantly restricts the use of the legal collection channel in the state. In addition to a number of new requirements for bringing debt collection lawsuits, the
  20. Good Morning Everyone, I just realized that the original creditors for my judgement are no longer listed. I know that in NJ the SOL for judgement a max of 14 years from original delinquent date but if my original creditor is no longer listed, how do i find this our? Do i go by the date of filing? Really need some help with this- I've been fighting to get this removed.
  21. I don't know if trying to improve my credit has stirred up the ugly monsters, but I received a letter from FNCB trying to collect for a debt with Sears. The last time I had a Sears card, I was 22ish???? I know that Sears fell off my credit back around 2006 so it must have had it's first delinquency around 1998 or 1999? What the heck are they trying to do? These are not on my credit reports any longer. Do I write up a FOAD letter and send it Certified Mail or do I just ignore this? I don't understand how they were able to come out of the darkness and start collecting on something
  22. When the statue of limitation is up do I still have to pay off the bill in order for my credit score to improve. And I have things removed from my credit report will my score improve. What should I do?
  23. I am looking for some advice on one last derogatory mark on my credit report. I'm looking to buy a house this year and have worked to clean up my credit report. The last derogatory item on my report is $257 from an HSBC account in collections from July 2008. I am wondering if I should request PFD or just not worry about the amount and let it drop off next year. It should not interfere with securing the mortgage (I hope!!) My myFico score is 707 but, if I can just pay it off and have it removed from my report, I'd rather do that. I am not sure which strategy would be best for my score.
  24. I had a Capital one charge off in 2010 and it was sold to Portfolio Recovery Services recently (resulted into nearly a 20pt drop in my score since they are reporting, too) The SoL for this account is (I believe) in about 4 months . I am in Florida, and the last payment on the account was 06/2010. If the SoL is actually 5 years instead of 4, then I have another year left ;\ I do want to try PFD with Portfolio, but I don't want to risk getting sued and rocking the boat anymore. They call once every few days and I don't respond. I have received nothing in the mail. The amount owed is $988
  25. Upon moving out of an apartment I received a letter stating that I was responsible for replacing the four year old worn out carpet. They were seeking $7092.00. I denied owing it and they sent the debt to a CA. My CR shows the status as collection/charge off. Opened 1/26/2009 Reported 6/21/2010 Term months Does this mean the SOL is up? Why does it say the term was "months"? What is my next move to remove this from my CR? BTW, I'm in VA.
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