SOL in PA?

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.

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.

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.

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.

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.

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.

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.

Not tryin to steel the thread but I just got a local Mag. summons today from a debt collector. I`ve been thru 5 years of hell since I started getting laid off in the winters and had to make a choice between CC and my mortgage. I have a couple of questions to ask:
1) My last payment on the current card in question was 8/24/03 -per my checkbook. They list my default date as 8/2004 on the summons -how to find the real date? and is it sol??
2) In this thread Anthony mentions responding to the summons -do I just call the local Mag and say I`ll be there or respond to the debit collector as they mention in the summons if I intend to defend??
3)This is one of 5 cc`s I had when the problems arose -is there a way to close them all if they are SOL (last pays in 03) and get these debt collectors off my back at work and home and everywhere?
4) I had 2 summons on 2 of my other cards before -this is how they panned out -1st was Walpoff for bigger bank cc and it had gone from 2k to 4k -I was scared and had no ideas so I called and made a 500 down +15 payments agreement on the phone. They said they would get their judgement and as long as I made the payments it would end. So everything was fine until I realized they were charging 18 percent out of my payments making it a completely different deal on the amount. Is that legal since I had nothing on paper? I argued -they left it the same anyway and have now sold it to someone else -do I owe the new people? Is that legal? No even sure they have a firm judgement since we agreed prior to the court date.
2nd was Capitol One thru some Esq. Debit Attorney(probably the 5th collector to buy my bad debt). I went to the summons to defend and he didn`t show -judgement in my favor -he sends papers that look like they are from the county`s civil court twice in the last year. First one to argue the judgement -but I didn`t see anything in the form of a summons to court or even have to sign for the mail? Next the second many months later was again looking like a court file for Capitol One to allow him to be the owner of the account -again no responses or having to sign-nothing from court official like -what is real and what can I do with this guy??
Sorry but I`m kinda in debtors hell and find it hard to get info until I seen your site. I can`t even get a fulltime job anymore at a decent rate due to credit checks. How does my credit say I won`t go to work everyday when my jobs point to a good work history -NOT FAIR!
Any help would be great -porboy

Hey Poboy..this has been answered in detail on another place where you posted it. good natured really layed everything out in detail for you. It is ok to ask your question so please don't aplogize. If you find the other post you made you will be pretty happy woth the detailed information that was left for you. If you have any other questions I would just leave them on that post..good luck

Please see your other post for my answer, I am from Pa and going through and have a current situation that is similar to yours. I have had some sleepless nights, so please post anything you want to here and I will try to help you. You will be fine.

Boy isn't that the truth..sleepness nights and endless days. This happens to most people who are dealing with creditors. They call you all day long threatening to sue you and then you are up all night worrying. Best to listen to some good advice so you can end this cycle.

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.

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.

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.

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?

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.

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?

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.

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.

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.

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.

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.

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.

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.

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.

most of them will refile for a renewal each time the expiration is about up, if they went through the hassle of suing, keeping the judgement in place is a piece of cake.

I am not really sure but I would think if they refile the judgment it would stay on longer. Also judgments have a longer reporting time then other debts. Look under your states SOL guidelines. It will tell you how long judgments remains on your credit report. You can type it in your computers search engine as "SOL for the state of" or give us your state and someone will look it up.