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SOL in PA?

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Sami C



Joined: 30 Sep 2008
SamiC's page
Posts: 2



74 Magic Points
Subject: SOL in PA?
 
 Posted on Tue Sep 30, 2008 2:53 pm  
Does anyone know the Statute of Limitations for PA? I've found different results when I Googled it. Some of the sites said four years and some said 6. At this time, I’m not certain if Open Account or Written Contract applies to me.
 
Guest







 
 Posted on Tue Sep 30, 2008 11:52 pm  
It used to be 6 but its now 4 yrs in PA
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2858



1966 Magic Points
 
 Posted on Wed Oct 01, 2008 12:31 am  
I live in PA and the SOL is definately four years. Guest is correct though at one time it was 6 years. The SOL in PA begins after the first missed payment. You can find it on your credit report. It will list a 30 late listing. Usually this is only under the orifinal creditor though. If you need a report you can obtain your report for free at www.annualcreditreport. com where you can get up to three free lokks a year.
 
Mary

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 324



8704 Magic Points
 
 Posted on Wed Oct 01, 2008 10:57 am  
Hi Sami C
Open ended or written contract depends on the type of debt. For example since credit cards debts are revolving lines of credit, whose balances vary, they fall under open-ended accounts. Again when you get a loan under a written terms and conditions, where you have signed, it falls under written agreement, for example, a car loan.
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anthony

anthony

Joined: 31 Jul 2006
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Posts: 493



12319 Magic Points
 
 Posted on Wed Oct 01, 2008 11:04 am  
Initially the Statute of Limitation in PA was 6 years for written contracts and open ended accounts and 4 years for oral agreements and promissory notes. However, the SOL on all types of contracts has now been reduced to 4 years in Pennsylvania.
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
Sami C



Joined: 30 Sep 2008
SamiC's page
Posts: 2



74 Magic Points
Subject: Thanks!
 
 Posted on Wed Oct 01, 2008 11:16 am  
Thanks for all of your responses! I really appreciate the info. This is a great site.
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2858



1966 Magic Points
 
 Posted on Wed Oct 01, 2008 11:31 pm  
Can we assit you any further? If you give us the date of your last payment we can let you know if you are protected. In any case if you need any sample letters you can find those here at the forum...cease and desist, debt validation and so on. Just let us know.
 
MAMA
Guest
 
 Posted on Thu Nov 20, 2008 12:04 am  
If my credit report says date last active of 4/03, am I past the SOL in PA. I'm being sued by Commonwealth Financial and am hoping I can use the SOL as defense
 
carol

carol

Joined: 27 Jun 2006
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Posts: 375



10293 Magic Points
 
 Posted on Thu Nov 20, 2008 6:57 am  
Hi Mama
Statute of Limitation varies from 3 years to 10 years depending upon the state you have signed the loan agreement. Now, as far as I know, the SOL in Pennsylvania is 4 years for credit card debt and so if it is your cc debt, the SOL has expired. But expiry of SOL does not mean that the negative listing will go out of your credit report. It will stay there for seven years from the date of entry in your report. However, since the SOL has expired, the CA can no longer collect the debt.
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Keep in touch
Carol
 
anthony

anthony

Joined: 31 Jul 2006
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Posts: 493



12319 Magic Points
 
 Posted on Thu Nov 20, 2008 7:13 am  
hi guest
If you are sued by commonwealth financial, and you have been send a summon by the court, you should first file a response to the summon, else a default judgment may be brought against you by the CA to garnish your account and recover the debt. Although you can file a motion to vacate the judgment later within 30 days of the judgment, it is always better to avoid judgment. While filing the response, you can mention that you do not agree with the debt. Since the SOL has already expired, the creditor cannot bring judgment against you.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2858



1966 Magic Points
 
 Posted on Thu Nov 20, 2008 11:54 am  
Is it Commonwealth Financial that is suing you or a collection ageny? Your debt is past the statute of limitations in PA. You can file a response to the summons and ask the judge to dismiss the case due to the SOL. He/she will do so as long as it is past. By my count your debt is 5 and a half years old so unless you made another payment since then (which it seems you didn't) then they should not be able to collect. If you need more help just ask.
 
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