SOL up on old debt

[guest.]

Did you search the CA and their attorney to see if they file lawsuits?

You need a second opinon for that? When CA's, credit card companies, or junk debt buyers sue in ok, they sue for breach of written contract / agreement. It is on the petitions and not subject to my ignorance.

Debtguy already said "OS 12A-3-118 says the statue of limitations for a revolving account is 3 years." How bout reading 12A-3-118 and seeing if it really SAYS that. That will be for the judge to decide.

You can't really tell a CA to cease and desist collection. You can tell them to cease communication or refuse payment. When you do that you give them 2 options 1) sue or 2) drop it and go on to the next one.

 

[kallco]

And as debt guy already said, a breech of a written contract would be for a loan, like a signature loan. This is a CREDIT CARD. The stupid account has already been bought and sold 3-4(or more)times to CA's and another attorney office.
I think it would be in your best interestto go on to someone else. You already said yourself that you are not an attorney. And, I have already said, as well as debt guy, that even if this place sues, the SOL is our defense.
Besides, when something is as old as this, if no money has been collected on it by now, that ought to tell them something!
And, I will add that when all of this started almost 5 years ago, we offered the original creditor $500, and they refused it. SO!! They don't want their $$ very badly, do they!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

 

[Ladynred]

Its also worth it to note that the FEDERAL Truth in Lending Act (TILA) defines credit cards as open accounts, NOT written contracts. I'd go with the "cease and desist the debt is time barred " approach. Your chances of being sued are not as great as 'boomersooner' implies. While I have heard of people having trouble in OK courts with the SOL that does NOT mean its universal and you can't win if sued.

Tell 'em to pound sand and if they keep violating the FDCPA, sue them !

 

[kallco]

Thank you ladynred! I simply wanted some opinions of others off this site, who may have dealt with the same thing I am dealing with. I have also had several people tell me that as old as the account is, there's probably not much they can do. I have a good friend whose mother had a similar situation, and offered some form of payment to a credit card company. They refused it. Then, she was taken to court, but when the judge found out that payment was refused, he threw the case out and she didnt have to pay a dime.
Thank you again for your encouragment!

 

[C M Chase]

I was just browsing and found this. I wanted to post to this in SoonerBoomer's defense. As an Oklahoman and as someone who is dealing with this issue right now....I just wanted to say PLEASE don't just easily discredit what SoonerBoomer said.

I know all the websites say the SOL is three years and people all over the net point to three years. But if you ask any lawyer or judge in Oklahoma, they will say credit cards are 5 years. They may be wrong...I'm not saying we have the brightest panel here. However...if you're going to say "Nope, it's SOL because it's past 3 years", they're going to say you're wrong - plain and simple. You may be able to get it to court and fight for the 3-year SOL....but that's not going to be easy. Seriously...call a lawyer and ask. If you make it to court, THANK GOD...we need the caselaw!

You can do this...you can fight it and win. But, again, please have something other than the 3-year SOL on your belt.

 

[kallco]

We are prepared to fight whoever we need to. For the simple fact that we offered 3 years ago to pay a portion of the amount due. But, you know how these places are, they either want it all, or nothing at all. Thats bull..they should take what they can get. They refused what we offered to them.
I would do good to make payments anyhow---I have a 7 year old that has diabetes and I do good to buy insulin for him every month. MOst months, I don't get to, b/c after paying the bills, I don't have enough for even my copay...so we end up just stretching a bottle a little longer.

 

[kallco]

I also have to add(not that personal opinions matter) that its not right for judges to say that the SOL for OKLA is 5 years, not three.....from everything we have researched, it shows up as 3 years for SOL on a credit card.
And, if we need to get technical, if it is 5 years, and the SOL is determined from the date of the last activity----and that activity being the last time a payment was made. No payment has been made since April of 2000. I've not made a payment to anyone--the original creditor, OR any of the collection agencies that have called, since that time.
Its ridiculous that CA's do what they do anyways---come on, if you can't pay the original creditor, what makes them think that you can pay them any easier??? And for them to tell you that you have to pay it all at once? How the heck are you suppose to pay something all at once, if you have a hard time coming up with a small payment. They irritate me and drive me NUTS!

http://www.creditwrench.greatnow.com/Debt_collection_mentality.html

 

[C M Chase]

I agree.

I wish you the best of luck! GO GET THOSE SUCKERS!!

 

[kallco]

Thanks!! Hopefully, they'll just leave me alone! (thats whats happend in the past).
Im sure they know the sol is up, or almost up----if some folks in Oklahoma do consider the sol 5 years, instead of 3...and thats why they are bothering me.
I looked on specific sites here in Okla..and they say the sol is 3 years for "open accounts" and it refers to those as credit cards.

 

[C M Chase]

Oh yeah...you never mentioned the name of the lawfirm that holds your account. If it's Love, Beal & Nixon, they do and WILL sue. With that said, they also violate as many, if not more, FDCPA statutes as any CA does. You just have to catch them on it.

 

[kallco]

No, its not Love, Beal and Nixon.....who are they and where are they?
Thats the place that boomer sooner mentioned, but I've never heard from them..

 

[kallco]

I just looked up information on Love, beal and nixon.....talk about jerks!
I read where someone paid them so much money, and then they turned around and said they still owed...and its still not cleared up...geez

 

[Ladynred]

Hey Chasey !! Nice to see you over here

 

[guest.]

Just wait till she meets IAAL, that should be interesting.

 

[kallco]

Who is IAAL???