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Sol Ca

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shechild

Guest
What is the name of your state? CA

Hi, my mother opened a college credit card in her name before I went to college. I signed on as a cosigner when I was 17 (thinking that was the only way I could use the card in college). Well my mom never paid the card. They haven't called us since 2002 and the date of last activity was 5/2000 according to my credit report. Has the SOL expired or can they still sue us? I am not working at the moment. I just had a baby.

Also, my mom's credit report regarding the information on this account shows a different balance then my report but both show the same date of last activity. Is there a reason for that?

Do you have any suggestions regarding this matter?
 


cmorris

Member
shechild said:
Hi, my mother opened a college credit card in her name before I went to college. I signed on as a cosigner when I was 17 (thinking that was the only way I could use the card in college). Well my mom never paid the card. They haven't called us since 2002 and the date of last activity was 5/2000 according to my credit report. Has the SOL expired or can they still sue us?Also, my mom's credit report regarding the information on this account shows a different balance then my report but both show the same date of last activity. Is there a reason for that?
There is a small chance that since you signed as a minor, you cannot be help responsible for the debt. If I am wrong, I hope someone corrects me. This is the exact reason why people should NOT cosign for others. In CA, the SOL on an open account (cc) reduced to writing is 4 years; and if it is not in writing, 2 years. In general, add 180 days to the DOLA. You can be confident it is out of SOL and you can't be sued after 11/2004 (180 days/30 days=6 months).

Wait until after November and write to the CRA's stating you request the entry(ies) to be deleted as you were a minor. In the mean time and future, do not cosign for anyone.
 
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shechild

Guest
thanks

Thanks. I know that no payments were made on this account. Does the DOLA indicate that it was charged off in 5/00 and 180 before was the last payment made? I have heard that the SOL begins when payment is not made. I was in London and know that the last payment, if any, were made in late '99.
 

Ladynred

Senior Member
DOLA is typically when the last payment was made. The SOL would start 30 days later when it goes past due and then is never again brought current. If the last payment was really 5/00, then the SOL started 6/00 and the SOL has expired in CA.
 
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shechild

Guest
Thanks Ladynred..

My next question would be regarding the different information on this expired account. My credit report shows a balance where as my mom's doesn't. SHould I do something about that or just leave it alone and not ruffle feathers.

I know that I asked this earlier (different thread) but my mom through away all receipts and we don't get anymore statements from the company--not since 2001. Can we use our credit report to prove our case that the SOL expired?
 

Ladynred

Senior Member
A credit report would work, yes. However, IF they were to sue you and you used the SOL as your defense, it would be up to THEM to prove it has NOT expired.

The difference in the balance reporting is interesting, but I'd leave it alone for now. If you dispute, it will likely awaken the collection dogs and one or both of you would start getting calls.
 

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