Debt collection statue of limitations in NC.

[Zigner]

If your daughter is an adult, then it's really not your place to see anything or to make her responsible for the debt.

And the question of whether or not someone else was on the contract is also largely irrelevant, because "joint and several liability" means that the creditor can choose to pursue any one of the signers, or any combination of the signers, for the full amount.

 

[Zigner]

If i retain an attorney would the collection agency have to legally give the attorney a copy of the lease if they have one?

Missed this - sorry.

No...the only time it can be forced is during discovery (a part of the lawsuit that your daughter may have to deal with.)

 

[FlyingRon]

It matters not if she had a job or not. It matters not who else signed the lease. Each person who did sign on the lease can be held liable for the entire amount (lease payments, obligation to return or pay for the furniture).

You CAN'T get anything.

Your daughter may be able to get a copy of the lease if she formally disputes the collection. Of course, if she's actually sued, then they'd need to produce it at that time. A lawyer will probably help, but if it goes beyond sending a letter of dispute, you're likely to burn up $4K in legal fees.

 

[HRZ]

I agree that for daughter to engage counsel is wasted money at this stage and is unlikely to produce a copy of the contract as well.

Daughter needs to look up the steps to dispute a debt and quickly follow same .

The collector bears burden of proving debt exists and so far it's darn muddy...DItto muddy to the last activity on the account especially if there were others on it and if the SOL was hit .

Makes little sense a tenant would bail but leave furniture rented in just her name behind .

 

[Shadowbunny]

Makes little sense a tenant would bail but leave furniture rented in just her name behind .

It makes little sense that someone would rent furniture without the means to pay for it, either.

 

[randothemando]

not making excuses but this was a girl that just turned 20 and really did not know better. when she moved out she made a verbal agreement with the roommate and the new roommate that the furniture payments would be made by them. in fact, the first payment was made by the new roommate on time. but, after the furniture and apartment was destroyed then the girls that made the agreement no longer were interested in making payments on furniture that went up in smoke.

i have been able to get a copy of the payment plan from the first creditor. there are no signatures on this, just my daughter's name. the creditor said that was all they had available.

thanks again all for your response.

 

[Zigner]

It might be time to cut the proverbial apron strings.

 

[quincy]

Your daughter just turned 20 or was she 20 when she rented the furniture?

 

[Zigner]

Your daughter just turned 20 or was she 20 when she rented the furniture?

20 when she rented - daughter is now 24-25

 

[randothemando]

correction: daughter was 22 at time of lease agreement. she is 25 and married now.
regardless of age she's always going to be my little girl.

 

[quincy]

correction: daughter was 22 at time of lease agreement. she is 25 and married now.
regardless of age she's always going to be my little girl.

I was only asking about your daughter's age to see if she could be legally bound by the contract she signed. At age 22, she is.

Thank you for clarifying for me.

 

[randothemando]

Quincy, can you explain the SOL on something like this? in just talking to an attorney friend (specializes in divorce) he told me that he thought the SOL in NC to collect a debt was 3 years from the last payment either made or due. In this case the last payment was made in February of 2015. Can the SOL come in play for this debt?

 

[quincy]

Quincy, can you explain the SOL on something like this? in just talking to an attorney friend (specializes in divorce) he told me that he thought the SOL in NC to collect a debt was 3 years from the last payment either made or due. In this case the last payment was made in February of 2015. Can the SOL come in play for this debt?

The statute of limitations can be tolled (halted) under some circumstances. There can, for example, be a "tolling clause" in a contract that can extend a statute of limitations past its typical expiration.

 

[FlyingRon]

It's three years from the time the payment was due and wasn't paid. It might be tolled (put on hold) if she was out of the state of NC when the breach happened until such time as she returns.

 

[randothemando]

The statute of limitations can be tolled (halted) under some circumstances. There can, for example, be a "tolling clause" in a contract that can extend a statute of limitations past its typical expiration.

Well Quincy we are still trying to track down the lease agreement. If we could ever get our hands on that it may be able to clear up some of these questions.