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Hello,
I have an old discover card debt that's being passed from collector to collector. I send each one a validation letter with no respomse. Does this mean the chances of being sued are slim? Seems like if they were going to sue they would have already done it.
Thanks, Renee
Exactly, they would have responded to your validation letters if they were the actual collectors. If the debt is old as you have said, the SOL period also must have been crossed by now. They can not sue you if that has happened. If you tell me which state you are in then I can give you more information on the SOL time frame in your state.
passed from collector to collector
Hi,
Thanks I'm in Texas but thought I setteled this debt in July. Was never sent a statement showing settled like promised. I do have cancelled checks but can't prove it was settled. Now Sherman won't accept my calls. Says voicebox is full. I've been passed around about 4 times since July. Sent all validation letters with no responce.
SOL For TX Open accounts (including credit cards) 4 Years
From Bankrate.com
http://www.bankrate.com/brm/news/cc/20040116b2.asp#fl
State Written contracts Oral contracts Promissory notes Open accounts (including credit cards)
Alabama 6 years 6 years 6 years 3 years
Alaska 6 6 6 6
Arizona 6 3 5 3
Arkansas 6 3 5 3
California 4 2 4 4
Colorado 6 6 6 6
Connecticut 6 3 6 6
Delaware 3 3 6 3
D.C. 3 3 3 3
Florida 5 4 5 4
Georgia 6 4 6 4
Hawaii 6 6 6 6
Idaho 5 4 10 4
Illinois 10 5 6 5
Indiana 10 6 10 6
Iowa 10 5 5 5
Kansas 5 3 5 3
Kentucky 15 5 15** 5
Louisiana 10 10 10 3
Maine + 6 6 6 6
Maryland 3 3 6 3
Massachusetts + 6 6 6 6
Michigan 6 6 6 6
Minnesotta 6 6 6 6
Mississippi 3 3 3 3
Missouri 10 5 10 5
Montana 8 5 8 5
Nebraska 5 4 6 4
Nevada 6 4 3 4
New Hampshire 3 3 6 3
New Jersey 6 6 6 6
New Mexico 6 4 6 4
New York 6 6 6 6
North Carolina 3 3 5 3
North Dakota 6 6 6 6
Ohio 15 6 15 6
Oklahoma 5 3 5 3
Oregon 6 6 6 6
Pennyslvania 6 4 4 6
Rhode Island 15 15 10 10
South Carolina 10 10 3 3
South Dakota 6 6 6 6
Tennessee 6 6 6 6
For TX State Written contracts 4 Years ; Oral contracts 4 Years Promissory notes 4 Years Open accounts (including credit cards) 4 Years
Texas 4 4 4 4
Utah 6 4 6 4
Vermont 6 6 6*** 6
Virginia 5 3 6 3
Washington 6 3 6 3
West Virginia 10 5 6 5
Wisconsin 6 6 10 6
Wyoming 10 8 10 8
Understanding the above
Hi,
I had a credit card with which I had a dispute on an insurance claim for a car rental. I owed 6500 on the card, I had been terrible making payments. Anyway, they didn't settle the claim for years and years. At one point I paid off 5000 and told them that I wasn't paying the other money because my interest rate had been ridden up to 25% and the $800 insurance claim with interest equated to at least $1500. Anyway, I was living in New Jersey when I opened the account, and in Maryland when I paid the 5000. Which state would my contract be based upon. I paid the 5000 to the credit card company and I believe collections wants 3000 or 4000 from me now on the 1500 I wouldn't pay. (Eventually they did pay me the 800 from Mastercard insurance which is separate from the lending bank). Anyway, I believe I paid that 5000 in 2002.
So would my contract be related to New Jersey or Maryland law.
When would you suggest I ask them to take it off my credit. I work and live abroad, have no need for a new car ever, and little intention to ever have a mortgage. But...would like to restore my credit which had once been in the very high 700's. Was a social worker and let my bills go as I focused on everyone else's problems and little on my own.
Your knowledge is most apprecitated.