Statue of Limitations for collecting debt?

Hannathy said:
I know I am going to get flamed but please explain to me why she shouldn't pay?

If she incured the debt what gives her the right to walk away from it and cost us all more in the end. So in other words if you just wait long enough you can buy what ever you want for free. I don't agree with this.

I knew this would be coming....
I also married young, my then DH was very fond of using my credit cards. When we split, the only thing I was left with was all the debt becuase everything was in my name. I didn't even have the money to get a divorce at the time, much less try to hold him accountable. Trust me, for so many reasons I don't want to get into I have paid. I never said I had the right to walk away-I dealt with the situation as best as I could back then.
My main reason for the OP was why now come after me to the extent that I have to go to court.
 
Ignore the semi flaming. No one here can judge you or the situation. It makes no difference in this case that the debt was in Cali. Just be sure to show up at court and have no contact with the collection agency. Might be helpful to get a copy of the SOL for both RI and Cali for the judge. Makes you look prepared. No worries
 
Contracts and open accounts

What are these? what are some examples, does anyone know?
 
See an attorney. DO NOT WAIT to trial to claim SOL, because in most states if you do not file an answer, the plaintiff can file a default, and you may never be notified of a court date. Do not ignore this, the additional fees, including attorney fees can be astronomical compared to the original debt.
 

First of all, make sure that the papers are legitimate and not something the collection agency printed out. Secondly, send a letter demanding vaildation of the debt. Validation includes proof that the debt is yours {i.e. an application with your signature} and that they have a legal right to collect on the debt. Send it CMRRR, so that you have proof you sent it. NO matter what state, eleven years is past the statute of limitations IF the date of first deliquency was that long ago. For example, if you made a payment or even a promse to pay, the SOL resets as of that date. Go to creditboards.com-you'll will get a ton of valuable, free advice. I have dealt issue on my own reports with this and had great success. Feel free to PM me if you need any help.
 
Kahana-ri.. I am in RI too, and like the others said.. are you sure you were legitimately "served"? If you want to pm me with any details, I can ask my DH for info, He is a Deputy Sheriff in Providence, and sees this kinda stuff all the time.

As for the critics, ignore it.. You don't need to explain your situation.. or why debt wasn't paid- to us. Everyone has their own "situations" and sometimes things happen that are not expected, and we get over our heads. It is perfectly normal.. But, the important thing is that you learned from your mistakes. ( I have been there, done that..) LOL
 
Caitsmama said:
Kahana-ri.. I am in RI too, and like the others said.. are you sure you were legitimately "served"? If you want to pm me with any details, I can ask my DH for info, He is a Deputy Sheriff in Providence, and sees this kinda stuff all the time.

As for the critics, ignore it.. You don't need to explain your situation.. or why debt wasn't paid- to us. Everyone has their own "situations" and sometimes things happen that are not expected, and we get over our heads. It is perfectly normal.. But, the important thing is that you learned from your mistakes. ( I have been there, done that..) LOL


WELL SAID!!!! :thumbsup2 :thumbsup2
 
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An open account would be like a credit card. The balance may move up or down with no end payment due.
Contracts or written accounts are installment type accounts. These include car loans and mortgages.
You could hire an attorney but you need to be sure they are versed in debt collection law. I believe this to be unnecessary and would advise you so. Simply call the courts to verify anything.
If you have been served already then the courts will have the documentation too.
You may dispute the debt and should. However depending on the court date you may not get an answer. They have 30 days from reciept to answer. And that is why you send all mail CMRRR.
 
I'm big on paying your debts, but....

The original debt holder on this probably wrote off the debt years ago as bad debt and sold the debt. In my world, at that point, the ethics of the situation change, the company she originally did business with has declared it uncollectable and sold the debt to someone who paid pennies on the dollar for it on the off chance she'd pay it.
 
Pooh nut said:
An open account would be like a credit card. The balance may move up or down with no end payment due.
Contracts or written accounts are installment type accounts. These include car loans and mortgages.
You could hire an attorney but you need to be sure they are versed in debt collection law. I believe this to be unnecessary and would advise you so. Simply call the courts to verify anything.
If you have been served already then the courts will have the documentation too.
You may dispute the debt and should. However depending on the court date you may not get an answer. They have 30 days from reciept to answer. And that is why you send all mail CMRRR.

What is a "Written or Oral Account" vs. "Written Contract" then? On the website in the PP, Ohio's list is confusing me! Not that I need it right now, but I love to be armed with knowledge JUST IN CASE!
 
I would NEVER pay a debt this old that isn't showing up on your credit report, just make sure you don't get a judgement against you..
 
Wow is all I can say I can not believe all the people who say it is all right to not pay back debt, No wonder there is so much financial problems in this country. I guess I am old but I was taught and I believe you pay your debt no matter the circumstances. Other people have had hardships, bad marriages but did not use these as excuses to not pay. So keep flaming me I still believe you should pay your debt and did not know about a SOL (which I think is wrong)
 
SOL applies in nearly ALL civil and criminal cases. It serves the purpose of due justice in a timely manner and is a cornerstone of American law. No one here, absolutely no one, can judge another. Unless of course you live a perfect life free from lies, debt, hate, etc. The law should always be used to protect. That includes consumers. Credit card companies have long been passing out cards to 18 and 19 year olds with the knowledge that a large percentage will default. The FDCPA was designed to protect both the debtor and the debtee.
 
Hannathy said:
So keep flaming me I still believe you should pay your debt and did not know about a SOL (which I think is wrong)

I'm not flaming you at all. SOL are in place to protect everyone. Most people do not keep records going back so many years that is why there is SOL. Besides hard copies of documents, we are all human and our memoires get cloudy. SOL are there for a reason because facts can get blurred over time and this is true for both plaintiffs and defendants.

Yes, I believe in paying your debts. The CC company should have pursued the OP in a more timely manner. The CC company could have sued her years ago, but for whatever reason did not. The CC company most likely has their records on micro fische stored in a salt mine somewhere. OP does not still have her records (checks, statements, etc.) because average people can't keep up with that much stuff for so many years.
 
Pooh nut said:
Credit card companies have long been passing out cards to 18 and 19 year olds with the knowledge that a large percentage will default.

I have to agree with this. It is something I don't get. :confused3 Dh and I both went to college as non-traditional (aka older) students. A month after we enrolled, our mailbox was being stuffed full of credit card offers with huge interest rates. For the first week of every new quarter, the quad would have tables set up with credit card companies hustling students. I'm all for capitalism and personal accountability, but come on! They target a certain demographic that they know can't pay. :crazy:
 
Contracts and open accounts: 3 years, (RSA 508:4).

Contracts for the sale of goods under UCC: 4 years, (RSA 382-A: 2- 725).

Notes, defined as negotiable instruments: 6 years (RSA 382-A: 3-118)

Judgments, recognizance, and contracts under seal: 20 years (RSA 508:5)

Notes secured by a mortgage: 20 years and applies even if the mortgage has been foreclosed, (RSA 508:6).

Tolling: Payment on an account tolls the statute.

This is NH's. Aside from mortgages and judgements, what are the others?
This is interesting stuff....
 
Hannathy said:
Wow is all I can say I can not believe all the people who say it is all right to not pay back debt, No wonder there is so much financial problems in this country. I guess I am old but I was taught and I believe you pay your debt no matter the circumstances. Other people have had hardships, bad marriages but did not use these as excuses to not pay. So keep flaming me I still believe you should pay your debt and did not know about a SOL (which I think is wrong)


I don't think that anyone is implying that it's ok to default on a debt. When I was in a terrible financial situation, I did everything I could to pay back my debts. However, it's not as cut and dried as that. Let's say I had a credit card that, due to extenuating circumstances {i.e.-overwhelming medical bills, loss of employment, etc}, I had trouble paying. I call the card issuer and try to explain that I can't meet the minimum right now, but I will pay whatever I can, as a good faith measure, until I get back on my feet. Well, for alot of issuers, that is just not acceptable and even if you DO make whatever payment you can, if it's not at least the minimum, it goes as a 30 day late on your credit report. That tanks your FICO. So, eventually, they sell the account to a collection agency for pennies on the dollar and they also report on your credit reports and they hound you for payment. The original creditor has washed his hands of the debt and the collection agencies try to strong-arm you into paying a debt that you do not owe them. Your credit is shot, all because of circumstances beyond your control. OK, so years pass and the statute of limtations runs out, making the debt legally uncollectable. That's not to say that you can't still pay it, if you feel you have a moral obligation to do so. What happens now? Once it's paid, it goes back onto your credit reports {the original listing must come off within a specified number of years, depending on the state}. So now, your credit is tanked AGAIN, just for doing the right thing. You may say, "if one is in credit card debt, he shouldn't worry about his/her FICO score, because they don't don't need more credit that thy can't handle". Well, it doesn't just affect credit cards and loans. With bad credit, you are charged higher insurance premiums, can't can't get cable, your home alarmed, get a checking/savings account, etc. If it was just as easy as paying back the money to whomever it is owed, that would be nice. But, there is so much more to it, so rather than putting someone down for looking for answer, it's always good to know what the results of paying will be.


One more thing that these collection agencies do-they buy debts that are past SOL in a gamble that the consumer won't know about the SOL law and then try to collect money on the consumer's ignorance.
 
Pooh nut said:
Credit card companies have long been passing out cards to 18 and 19 year olds with the knowledge that a large percentage will default.
I have mixed feelings about the whole college student CC issue. I think it is wrong for the CC companies to grant credit to someone with no job and no income. However, it is also wrong for someone with no job and no income to apply for a CC in the first place. I find it hard to believe that there are that many 18 year olds in America today who don't have at least a basic understanding of how a CC works: you charge a purchase and get a bill at the end of the month that you have to pay. If you have no money, then you've got no business charging the purchase. Period! Ultimately, it is not the CC company's fault if you buy things that you can't afford. I got my first CC in college. But I paid my bill in full every month. I never paid a penny in interest because I only used the card to buy things I was going to be buying anyway and already had the money for. I didn't look at it as free money. I just can't comprehend why this is such a big problem today.
 
I think they could also place a lien on your assets so I would tread carefully with this one. I would suggest you contact an attorney to really know your rights...minus the DIS drama. :teeth:

GL to you! :wizard:
 
The Statute of Limitations vary from state to state so don't hold to anyone's answer here on how long they assume it may be...get legal advice from someone who actually knows your state's laws on SOL.

Bear in mind the SOL can also vary with its laws. It depends on whether or not the contract was written or unwritten...and even the start of the SOL can vary...sometimes it's based on when the loan was taken out, and sometimes it's based on when the first payment of the loan was received (I've been researching this heavily because a family member owes my mom a ton of money).

I don't remember who brought it up, but someone mentioned about their husband being 12 years old when something happened and now it was past the SOL. In this case, it actually has nothing to do with the SOL so even he wasn't past the SOL, he would have been under no obligation to pay...simply because he was a minor when the contract was entered (having been entered by his father, obviously). They would not have been able to succeed in court because even though the husband was not an adult, the fact that he was only 12 when it first happened protects him because a minor cannot legally be held liable for any contract...SOL or not.

Anyway, I definitely advocate paying off the debt. I understand that when you're young, you don't always understand all the fine print, but you were still old enough to know you had to pay your bills. Hopefully you can find some assistance to help you work through this without it effecting your credit report. :)
 












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