SOL almost up?

What is the name of your state? PA

I knew this was coming. This site is very helpful. I have an old CC account with a department store. The SOL on this is 4 years, right?

I haven't heard from these idiots for a long time. It must have been sold again as I just got a letter in the mail. It is a settlement offer from Northland Group Inc. out of MN. They will reissue me another card if I pay off the total. HA! Just what I don't want. CC's are evil.

Anyway, I pulled a copy of my credit report. It is an old one but the charge off date is 11/99. So if I can hang on another 6 weeks or so I can send them a cease and desist letter since it will then be time barred. Right? They give me the 30 day validation blah blah blah and this will take me to mid October. Then I will just have to hang on for a few more weeks.

Question. Part of the letter says, if you dispute any of this debt (blah blah blah) this office will: obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such a judgement or verification.

Woudln't this take some time to do considering they are out of state. Especially if you add on my 30 day waiting to dispute thing which then only gives them just a few weeks to file all the way from MN to PA and get a judgement of the debt?

Is it ok to assume I am safe here and will be able to use the SOL as my defense?

Good site here, I have learned lots of valuable information. I lost a son a few years ago and racked up quite a bit of medical bills. Hopefully these will be un enforceable soon too.

[I AM ALWAYS LIABLE]

My response:

Open-ended accounts in PA have a 6 year Statute of Limitations. So, in terms of your theory, you're "SOL".

IAAL

IAAL. Somehow I knew you'd respond.

I did a search several times. And I keep seeing open accounts and written contracts in PA is 4 years. I haven't seen 6 years yet.

So which is it? 4 or 6?

[I AM ALWAYS LIABLE]

[quote]Originally posted by shadow01
[b]

IAAL. Somehow I knew you'd respond.

So which is it? 4 or 6?

============================

My response:

What did I say in my initial response to you? It hasn't changed, and it's right up there for your review.

Want confirmation?

Copy and paste this link into your browser without the [URL] on each side:

[url]http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml[/url]

IAAL

[bigun]

This site says 4 years.
[url]http://www.edebtnetwork.com/content/collection_laws.asp[/url]

I'd suggest that the SOL has already run since, you were in default at some time prior to chargeoff.

So why do I keep seeing this over and over again?


STATE: PENNSYLVANIA
INTEREST RATE

Legal: 6%
Judgment: 6%
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 4
Written Contract: 4
Domestic Judgment: 5 (writ of revival within 5 yrs.)
Foreign Judgment: 4
-Lien against real estate: 5 yrs.
-Personal property Ex: 20 yrs.

I see nothing of 6 years here. Wouldn't open ended accounts fall under open accounts. Not trying to be a pain in the arse. I would really like to know which is the right one. I did find a thread about the link you provided having inaccurate info though.

Gotta go to a cookout at the kids' school. Be back to check later.

Thank you.

Oops. My above reply was posted to IAAL. Thanks bigun.

[Ladynred]

creditinfocenter has some erroneous SOL's posted. The PA statute is 4 years:

"Subchapter B. Civil Actions and Proceedings.
§ 5525. Four year limitation.
The following actions and proceedings must be commenced within four years:

An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.

Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale).

An action upon an express contract not founded upon an instrument in writing.

An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.
An action upon a judgment or decree of any court of the United States or of any
state.


An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter."

SOL STARTS FROM FIRST DELINQUENCY.

Send the oinkers at Northland a validation demand. At this late date, its very unlikely they can validate at all. Most of the time they can't even do it with newer accounts ! Northland, like others, thrives on intimidation and fear, so don't talk to them, just send your DV letter (certified of course). You can likely stall them long enough for the SOL to expire - 6 weeks is nothing.

Bigun and LIR, thank you for your help. I thought it was 4 years and I am going by that. These idiots won't even get past trying to use the scare tactics with me. I'll just laugh at them. But I have caller ID and it is a wonderful thing to have! They'll be receiving my validation letter in a few short weeks.

The cookout was great. The chicken fell right off the bone!