Inter Next Technologies, Inc., Internet Marketing Services, Reno, NV
Call (Toll Free)
(800)-601-1579
Community Area
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
 
Sami C



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



124 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: 4246



123 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: 684



17426 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.
_________________
Where there's a will, there's a way !!
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 516



13606 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.
_________________
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.
Sami C



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



124 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: 4246



123 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
carol's page
Posts: 1299
Location: Los Angeles, California


30060 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.
_________________
Keep in touch
Carol
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 516



13606 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.
fireyone



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



123 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.
porboy



Joined: 22 Nov 2008
porboy's page
Posts: 17



957 Magic Points

Subject: SOL in PA? Help?
 
Posted on Sat Nov 22, 2008 6:46 pm  

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
fireyone



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



123 Magic Points

 
Posted on Sun Nov 23, 2008 1:34 am  

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
goodnatured



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



490 Magic Points

 
Posted on Sun Nov 23, 2008 4:54 am  

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.
_________________
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



123 Magic Points

 
Posted on Sun Nov 23, 2008 2:28 pm  

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.

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

 
Delete this topic Move this topic Lock this topic Split this topic 






Page loaded in 0.082 seconds.