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  1. #1
    kallco is offline Member
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    Unhappy SOL up on old debt

    What is the name of your state? Oklahoma

    I have an old credit card debt that is about 5 years old. To our knowledge, the SOL is up on this account. The last time I heard from a collection agency on this account, was back in 2002. I had asked them not to call me anymore, and they called anyhow. I have not heard from anyone on this account, since reporting the last place that harrassed me to the BBB.
    Until about 2 weeks ago, and I started getting letters from yet another collection agency/law office. They have also called a few times, demanding that I "return their call today!"
    The account was opened in January of 2000, and we got behind on payments when our son was diagnosed with Type 1 diabetes, and we had to buy supplies for that. I tried to make payments, but just couldn't, and thats when the account went downhill. I tried to work with them, and have tried to work with collection agencies that first obtained the account. I received a letter today in the mail telling me that I had 3 options: One--pay the debt. Two--pay it with my tax return(like they know how much I am getting back), or three--call and make payment arrangements on it. In the past, on a separate account, we offered to make payments, and that was refused, and we were told we had to pay whatever they said. I've learned not to converse with these people on the phone, to avoid the extra stress--there's enough stress just getting the calls in general, and mail from them.
    What should we do????????????
  2. #2
    Debt Guy is offline Senior Member
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    The SOL for a credit card in Oklahoma is three years. The time is not counted from when the account was open. The time runs from the Date of Last Activity -- the date the account went into default -- which is usually when you stopped paying.

    A collector can call you on an account that is past the SOL. A creditor can still sue you on an account that is past the SOL. However, if sued, you can raise the SOL as a defense.

    The first thing to figure out is what the Date of Last Activity is? You should get a copy of your credit report, find this particular account and look at the DOLA. Does the date synch with your recollection of the last payment you made?

    Once you know (or remember) the DOLA, it is easier to answer your questions of what to do.
  3. #3
    kallco is offline Member
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    According to an old credit report that I have, that was pulled in July of '03,
    it says that the dola is 4/00. (from CSC credit services)

    On a report from Experian in June of '03, It has the date opened: Jan. of '00. Date of status: 3/01 and Last reported of 5/03. Transunion of /03 also shows as opened in Jan. of '00, and closed as of 02/2001.

    I have not made a payment to the original creditor, or any collection agency that has had the account, since 2000. When my son got sick, and we couldnt make payments, we didn't.

    I had one place tell(tried to demand it) me to take out a loan to pay it. I've been reading some things on the internet about debt and sol and several have said not to give in and go ahead and pay what they say we owe.
  4. #4
    Debt Guy is offline Senior Member
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    If your last payment was in 2000 -- lets assume December for this analysis -- the the 3 year SOL would have expired in December 2003. We are far past that limit.

    Now, as I said earlier, the creditor can still try to collect. They are not really barred from suing you -- but the SOL is the defense you raise if sued.

    I recommend this.

    Write a letter to the collection agency. Send it certified mail with return receipt requested (it will cost almost $5 but the paperwork could save you a lot of trouble later). In the letter say that you want them to "cease and desist all contact with you". Say that any continued contact with you or any continued activity to collect the account will be a violation of the Fair Debt Collection Practices Act.

    Now, two warnings for you:

    1. Don't send this unless you are sure that you defaulted on the credit card in 2000 or 2001.

    2. This item will not remove the negative from your credit report. It will remain on your report until 7 1/2 years have passed from the original default.

    Let me know how this comes out. Email me directly at [email]debtguy@hotpop.com[/email].
  5. #5
    kallco is offline Member
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    Thanks for the info!
    I actually mailed a letter to them on Monday, and certified it stating that we wanted them to cease and disist.
    I wanted some extra advice on what to do if they continued to call and harrass me.
    I have to tell you, the letter I received today from them must have crossed in the mail with the one that I sent on Monday. It had so many typos---one of them being that they had the referance number in place of the total amount owed.
    Is contacting the original creditor about the SOL something that can be done, or not?
    Thanks again for your help!!
  6. #6
    kallco is offline Member
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    Interestingly enough, I just received yet another phone call from the same place, with a woman leaving the message this time. I'm assuming that they haven't gotten the letter that I mailed to them certified on Monday yet.
    They said its a "very time sensative matter". SHould I be too worried??? As I already know to be true from the past, and what I've read on credit info, they use tactics like that to "scare" you.
    How long should I wait to make sure they get the letter from me before I think about reporting them to the BBB for not honoring my request that they cease and disist?
  7. #7
    guest. is offline Member
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    I am not a lawyer.

    The Oklahoma SOL MAY be 3 years. It is most likely 5 years. No specific caselaw related to a CC exists in regards to SOL. Case law exists for how little it takes to constitute a contract reduced to writing.

    Start looking for counterclaims via the FCRA, FDCPA, or OCPA.

    The SOL begins at date of last payment made, not the date it went delinquent if that preceeded last payment.

    Love, Beal, & Nixon?
  8. #8
    kallco is offline Member
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    Every website that I've checked out the SOL for credit cards on, for Oklahoma says the SOL is 3 years....5 years if a judgement has been made on it.
    I have not made any kind of payment to anyone on this particular account since 2000 or 2001------I am almost certain no payment has been made since my sons medical issues started.
    Thanks!
  9. #9
    guest. is offline Member
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    Yeah, a lot of web sites say a lot of things.

    They will sue you for breach of written contract. It will be up to you to prove otherwise. Not saying it can't be done and not trying to discourage you. Just wanting you to know this is no slam dunk and you will have your work cut out for you.

    Many are currently fighting the same battle, I may be (again) soon.

    [url]http://creditboards.com/forums/index.php?showtopic=71180&hl=[/url]

    [url]http://creditboards.com/forums/index.php?showtopic=76864&hl=[/url]
  10. #10
    Debt Guy is offline Senior Member
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    I'm no lawyer either.

    OS 12A-3-118 says the statue of limitations for a revolving account is 3 years.

    OS 14A-2-108 defines a revolving charge account as "an open end credit plan between a seller and buyer underwhich the seller reasonably contemplates repeated transactions..."

    To me that sounds like a credit card. It also sounds like a department store charge card.

    The SOL for a written agreement is 5 years. I always think of an installment loan contract as a written agreement.

    I am not aware of any opinions which shed more light on this question. A couple of "legal" websites I checked for tables of SOL all say 3 years for a credit card in Oklahoma.
  11. #11
    kallco is offline Member
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    To us, a written agreement would be for a loan account, not a credit card.
    The last time I had a collection agency harrassing me, I reported them to the BBB. They of course, denied repeatedly calling me, or calling family members, which they were in fact doing, b/c messsages were left at my brother in laws home. THat was the last time I remember hearing from anyone on this account, and that was in 2002. The only conversation between me and the collection agency was to not call me anymore. They didn't do this, and continued to call. I reported them and the calls stopped..until now, with this new place calling.
  12. #12
    guest. is offline Member
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    OS 12A (UCC) Article 3 (negotiable instruments)

    Use at your own risk
  13. #13
    guest. is offline Member
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    Kallco,

    In addition to the earlier links I posted, this one is the most relevant:

    [url]http://www.oscn.net/applications/oscn/start.asp?viewType=DOCKETS[/url]

    Click 'search dockets' and run querries on the collection agencies and their lawyers. That should give you a good idea of how litigous they are. If your county is not included (do some querries there anyway since some counties upload in PDF the proceeding and pleading) click on 'non ocis' counties from the original link to find your county.

    Also from that original link at the top of the page, you can click 'legal research' from there you can read all of oklahoma's statutes and search case law.

    I don't mean to come across like I'm not on your side, OK posts like yours are the only reason I browse this forum. My email is on the other forum. Keep in mind I am not a lawyer and using mine or any other's internet 'experience', 'knowledge', or 'advice' is at your own risk. I acted on internet misinformation and I recommend thouroughly reasearching the aspects of your case (including getting one of those free initial consultations from a local attorney) before firing off any more letters. Sending a cease and desist will result in a lawsuit sooner rather than later (been there done that). Other defenses, strategies, and tactics are available if you know what your doing.

    I would get new official written copies of your credit reports for the cra's and start looking for things you can use. You have new letters from a CA so you quallify for free credit reports.
  14. #14
    kallco is offline Member
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    thanks, ill check out the link. I will add that I have already sent a cease and disist letter to another company like the one I'm dealing with now...and they are the ones who kept calling anyhow. I complained to the FTC about them, and never heard from them again.
    I know what I've read, and from everything I've read, the SOL is our defense. No one has gotten payment from me in any form, as said before, since 2000 or 2001.
  15. #15
    kallco is offline Member
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    just wondering what your opinion is debt guy, to the last response that the guest(boomersooner) left for me....
    So far, I've not gotten any phone calls today from anyone that I thought might be this collection place

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