Get FREE Counseling




*


Helpful Resources
Community
Popular Discussions
Creditmagic Twitter
Credit on Facebook

SOL in PA?

Post reply  Start a topic
Author Message
Options
Print this topic
Invite a friend
Email this topic
  Bookmark online
Add to del.icio.us
Add to YahooMyWeb
 
Mary

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 684



17420 Magic Points

 
Posted on Mon Nov 24, 2008 9:23 am  

Hi Porboy
Can you tell me in which state have you signed your loan agreements? SOL varies from 3 years to 10 years depending upon the state you have signed the loan agreement. Since the date of last default is 8/2004 as on the summons, then your SOL date will be calculated from 8/2004. Hence, you need to check your SOL. If your SOL has already expired then you need not pay off the debt. However, you need to file a response to the summon even if the SOL has expired in order to avoid default judgment.
_________________
Where there's a will, there's a way !!
Justin

Justin

Joined: 17 Jul 2006
Justin's page
Posts: 1238



28944 Magic Points

 
Posted on Mon Nov 24, 2008 9:35 am  

No, you should visit the court from where you have received the summon. There you need to file a response to the summon at the clerks office where you can mention that you do not agree with the debt. After that you will get a court date where you will get a chance to defend yourself.

Now, if the CA agrees to settle for the debt, you should first get it in writing that the CA has agreed to settle the debt for 18% as you said, else if they again sell off the remaining debt to another CA, you will not have the proof that you have settled the entire debt with the first CA.
_________________
All the Best Smile
Justin
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



96 Magic Points

 
Posted on Mon Nov 24, 2008 10:08 am  

You would win the lawsuit if the debt is past SOL but you have to file the response regardless. Id the SOL has passed the judge will dismiss it n that account.
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1883



1901 Magic Points

Subject: credit
 
Posted on Thu Nov 27, 2008 6:55 am  

Ok...here's a question. I live in PA, so I know the SOL is 4 years. But...what I'm wondering is..........well, I have a debt on my CR. According to the OC, the SOL, on this account is up. However..........according to the CA, on my CR ( for the same account) the SOL is NOT up. How can an OC and CA have different information, on the SAME account?
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



389 Magic Points

 
Posted on Thu Nov 27, 2008 5:15 pm  

Which one do you think is correct? if it is the one that is out of sol then you can send a dispute to the credit reporting agency, but if it is the one that is not then I would leave a sleeping dog lie.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1883



1901 Magic Points

Subject: credit
 
Posted on Fri Nov 28, 2008 12:31 pm  

Well..........I know the information, from the OC is correct....NOT the CA. Which one would the CB's go by?..........the OC or CA?
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



389 Magic Points

 
Posted on Fri Nov 28, 2008 9:38 pm  

They should be the same, the original creditor should have passed on the correct information to the collection agency. They get all their information about the debt from the original creditor.

I would dispute the information reported by the collection agency and use the date that the original creditor gave the credit reporting agency to validate your dispute.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



96 Magic Points

 
Posted on Sat Nov 29, 2008 12:18 am  

Yes SD definaltely dispute this. I think if it came down to any legal action the courts would go by the original creditors markings and not that of the debt collectors...still if you want it to fall off when the origianl debt listers does you should dispute the mark. You have to watch the debt collectors sometimes they will make the date appear so that you will be still wiht in the time line of sueing.
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1883



1901 Magic Points

Subject: credit
 
Posted on Sat Nov 29, 2008 1:25 am  

Oh, yea. I plan to dispute it...that's for sure. the SOL isn't until early 2009, but...............the difference between the information with the OC and the CA are just months. However..........It just bugs me on how information can get so fowled up like that.
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



96 Magic Points

 
Posted on Mon Dec 01, 2008 12:49 am  

SD...I would wait to dispute this after you SOL is up on the original creditor. This is more than likely the date that will be used when considering if the debt is past SOL. You said early 2009 right? Was that on the original creditors or the debt collectors? Do not dispute it and call attetion to it until that SOL date has passed. Also be careful it is usually right before the SOL expires that these companies will try to sue.
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30038 Magic Points

 
Posted on Mon Dec 01, 2008 5:12 am  

The SOL starts from the date you have made the last payment towards the debt and will continue depending upon the state you have filed the loan agreement. It does not depend on whether the debt has been listed by the original creditor or the collection agency. Now since the SOL for the debt is about to expire in the beginning of 2009, you can wait till that period and then ask for debt validation, since as Firyone said, once you remind the creditor about the debt, they will try to sue you for the debt to recover it.
_________________
Keep in touch
Carol
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



96 Magic Points

 
Posted on Tue Dec 02, 2008 2:02 pm  

I was just considering all the consequences of making that move. It is not a move I would make wiht the SOL being so close. Wait it out..You have already waited a few years so why not another few months. I am sure you will be sure that you did.
dan
Guest






Subject: SOL
 
Posted on Mon Feb 09, 2009 3:50 am  

i have a judgement against me and have appear at an arbitrary. judgement was filed in 2005, but i have not made a payment since 2003. does the SOL still start at 2003.
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30038 Magic Points

 
Posted on Mon Feb 09, 2009 10:40 am  

The SOL on the debt starts from the date of your last missed payment towards the debt. Since you have made your last payment in 2003, the SOL on the debt will start from 2003. But if there is a judgment on this account, the SOL on judgment will be applicable and not the SOL on the debt. The SOL on judgment starts from the date on which the judgment was passed against you and its duration varies from state to state. We can help you out in this forum if you can tell us the state where the judgment was passed and the date when it was passed.
_________________
Keep in touch
Carol
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



96 Magic Points

 
Posted on Mon Feb 09, 2009 6:11 pm  

Dan, also is some states once a judgement verdict nears its SOL the collector can get a new judgemnt set in place which will keep the judgement and the SOL going.

Quick Reply
Your Name
Subject
Message body
 Previous  1, 2, 3  Next  
Page 2 of 3

 






Page loaded in 0.062 seconds.