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Old Debt -twice the amount now

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Tired_of_trying

Guest
HomeGuru said:
**A: I am getting tired of trying to read your inaccurate posts.
LOL. I am only saying what I was told by an attorney... I am sorry if he was wrong :(
 


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Tired_of_trying

Guest
JETX said:
Sorry, but that is NOT true. A person can sue in Arkansas courts and have the SOL apply from a different state as long as it is related to the cause of action. And the SOL's of the various states are NOT 'rocket science'... as most courts can find them... just like we can. :D Done all the time.


That is true.... but it isn't all that expensive. I domesticate judgments from other states fairly often. All it costs is the fee for an exemplified judgment (less than $20.00), a filing fee (usually less than $150) and a few hours of time.
Wow I should move there.. a change in venue in CA is A LOT more!
 

JETX

Senior Member
Tired_of_trying said:
He was living in Ohio at the time he applied for the card... Or does that mean one can apply for a card and then move to a different state, say where to SOL is lower and hid and skate?
That is even worse. As I understand it, the SOL in Ohio for an 'open account' (kind of confusing as they don't call it that) is six years. And Ohio also has the provision of it freezing if the debtor leaves the state.

I was told by an attorney it is the state you lived in when you applied for the card originally and unless you signed a new application with a different address in a different state, the original state laws apply.
Either you are, or the attorney was, confused. Unless the agreement has a jurisdiction clause (most credit card agreements do), then the creditor can chose whether to use the state where the contract was entered into, or where the debtor lives now.
 
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Tired_of_trying

Guest
Thank you so cordially for clearing that up, it is nice to know. One thing though, all the sources we find say the SOL for an open account is 4 years in Ohio, which credit cards fall under. Where are you finding 6? I even searched Lexis and could not find 6 years.. of course I realize he is now in Ark, whose SOL is only 3 years (according to my sources)
thanks again!
:)
D
 

JETX

Senior Member
Tired_of_trying said:
Wow I should move there.. a change in venue in CA is A LOT more!
First, a domestication is NOT the same as a 'change of venue'. California calls it an 'entry of a sister-state' judgment. It is covered by CA Code of Civil Procedure §1710.10, et seq.

California is great since they provide virtually all the forms for you.... here is the 'instruction sheet'.
http://www.occourts.org/locforms/l1008.pdf

The problem in California is that the suit must be brought in Superior Court, and the filing fees are higher there... $294.50 in Orange County.
http://www.occourts.org/geninfo/rcdfees.asp#civil
 
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Tired_of_trying

Guest
You are SO smart!

Thank you kindly

thing is I am not in OC and I have already through Smartlaser all the correct forms, or I can go to the courts website and get them, I may play dumb, but I am not...

:)
D
 

JETX

Senior Member
Tired_of_trying said:
One thing though, all the sources we find say the SOL for an open account is 4 years in Ohio, which credit cards fall under. Where are you finding 6?
Actually, the SOL for open accounts is apparently somewhat confusing.

It shows 6 years at:
http://www.carreonandassociates.com/articles/statute.htm#Ohio

4 years at:
http://www.credit-to-cash-advisor.com/document_177.html

And left blank at:
http://www.bcsalliance.com/y_debt_sol.html
http://www.cardreport.com/laws/statute-of-limitations.html
http://www.creditrepairkitsoftware.com/limits.html
http://www.ihatedebt.com/StatuteofLimitations.html
and others.

A review of the applicable Ohio laws is also confusing as there doesn't appear to be ANY specific reference to open account limitations. I did a cursory search of:
TITLE XIII COMMERCIAL TRANSACTIONS - OHIO UNIFORM COMMERCIAL CODE
CHAPTER 2305 JURISDICTION; LIMITATION OF ACTIONS
at: http://onlinedocs.andersonpublishing.com/revisedcode/
 
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Tired_of_trying

Guest
cool

Okay, maybe he will find an answer here..

his post was "I currently live in Arkansas, most of the credit card debt occured when i lived in mo, (not sure if that makes a difference of not) i thought i had paid it off when i took out a personal loan in May of 1999 to pay everything off. but it has resurfaced. Last balance i can find was from 1997 and was $2400. I don't think I paid anything on it since then. Now they are saying i owe $6000 but will graciously settle for $4000... I didn't do anything when i received their letter cause i thought i had paid it and it said if debt has been settled, just ignore. now they are calling.. has the statue of limitations run out? do i have any recourse?"


He is in Arkansas, SOL 3 years, but stil they can use other state sol if they wanna be letter of the law aka jerks ( believe me, I used to be one of em, leads to bad karma..) Anyhow I think he should send a letter to original creditor requesting Vaildation and documentation, Seems to me, they are playing him as no one HAS to keep records for more than 3 years and usually doesnt (unless they are a*al like me)

Without Really knowing the correct Original Date of Delinquency, he has no clue where he stands. I say go to court and demand they produce the original documents which show his original date of delinquency. Plus, we all know how the courts work, they are broke, tired and pissed off, if the creditor cannot prove he is within the SOl, what does it hurt? And, he is IN arkansas, the SOL has past... they can bring up the others, but they are so close they could bite too.. They have not sued yet... calling them, dragging it out until the SOl has past, and then paying to OC what he ORIGINAL OWED without al the hypeup (wrongful to me) charges if he chooses to do so, for moral purposes. But you know sometimes giving it back to the same multi-million dollar co which ripped you off and did not care about anything more than you money to start with feels good sometimes... Like THEY would strave or let theor kids go without to pay you? I think NOT..... But, that is just my opinion ;)
 
J

Jrashes

Guest
I thought about doing that.. calling the oc and seeing how much i owe and just sending it to them.. although ive heard that sometimes they won't touch it if its been turned over to a collection agency. I pulled all 3 credit reports today .. and the orginal debt or any new ca debt isn't on any of them. I did find four issues of fraud which i will deal with tommorrow.. (or very bad errors on experians part).
 
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Tired_of_trying

Guest
There you go!

And , just because one past a bar (without stopping for a drink) does not mean he/they knows all... sometimes the scrooges are so busy rolling in their greenbacks they forget WHY they became attorney's to start.. no wait, they became such to steal from the poor.. COPS, aka Police people are the ones who do so to help people...

you need any help, let me know! I may be retired early and in a wheel chair, but I stil can help people, not belittle them

I am curious as to how you can have this issue and it not be on a CR, someone pretending to be a CA trying a bit of fraud themself? Identity theft is rappant,; who is to say some person did not get your info and is trying to pull a fast one? Most CA's I know of post on the CR's and never send letters or call as they now you will cal them someday, when you get your CR....

I would ask the to validate the debt:
1. Tell me what this money that you say I owe is for.
2. Show me how you calculated what you say I owe.
3. Give me copies of any papers that show I agreed to pay what you say I owe.
4. Show me that you are licensed in my state, and give me your license number.
5. Stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe, and then to only contact me by mail.

But, that is JUST my opinion.. ;)
 
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