Author Topic: Credit Card SOL's with Citations  (Read 27197 times)

0 Members and 1 Guest are viewing this topic.

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: Credit Card SOL's with Citations
« Reply #15 on: May 31, 2011 08:07:06 AM »
Or does the SOL become void or irrelevant since the lawsuit began before the SOL?
This.

If they filed suit before the SOL ran out, SOL is not a defense you can use with success.

Figure out the last time you made a payment on the account. If it was more than 3 years prior to them filing suit, I would use SOL as a defense.

newtfile

  • Valued Member
  • Posts: 157
Re: Credit Card SOL's with Citations
« Reply #16 on: January 08, 2012 11:26:53 AM »
I have searched around and can't find a clear answer........does anyone know if Indiana has a choice of law provision for credit cards? 

The reason I ask is I have several cards that specify using a states law with 3 year SOLs.  Indiana has a 6 year SOL and I would prefer the shorter.

If someone knows or could point me in the right direction I would be appreciative...

thanks

IntheRed

  • Valued Member
  • Posts: 39
Re: Credit Card SOL's with Citations
« Reply #17 on: April 06, 2012 07:14:57 PM »
WA is wrong, too -- it's 6 years for written contracts, but only 3 years for open accounts. (Seems to be a lot of disagreement whether credit cards are open accounts or not, though.)
So, is there nothing definite about the SOL in WA for credit cards?  Is there any case law?

cheeks

  • Valued Member
  • Posts: 122
Re: Credit Card SOL's with Citations
« Reply #18 on: April 06, 2012 07:19:00 PM »
WA SOL on credit cards is definitely 6 years; ratified by state legislation this very year.

IntheRed

  • Valued Member
  • Posts: 39
Re: Credit Card SOL's with Citations
« Reply #19 on: April 06, 2012 07:22:42 PM »
WA SOL on credit cards is definitely 6 years; ratified by state legislation this very year.
Does that apply to debts that were defaulted on more than 3 years before this new legislation takes/took effect?

cheeks

  • Valued Member
  • Posts: 122
Re: Credit Card SOL's with Citations
« Reply #20 on: April 06, 2012 07:31:33 PM »
Yes.

It's always been 6 years as far as the upper courts were concerned, but confusion caused legislators to memorialize the 6 year SOL.

I have some great case law, but I am on my phone right now.

Ostracon

  • Valued Member
  • Posts: 10
Recent Oregon rulings about SOL from other states
« Reply #21 on: April 23, 2012 05:42:57 PM »
Newbie here and just getting started but wanted to add the recent rulings I've found about SOL in Oregon, stating Oregon's 6 year SOL applies even when credit card agreements specify the law that applies is a state's other than Oregon.

From The Oregonian article:
Quote
[T]he rulings could affect wide swaths of Oregonians who have agreements with banks, such as Chase, that are based in Delaware, New Hampshire or other states with three-year statute of limitations. Oregon's statute of limitations is six years, and that -- and not statute of limitations in the states where the banks are based -- is what applies, the Court of Appeals said....

Specifically, the court was asked to rule on whether three Oregonians were still on the hook for unpaid charges, late payments and interest more than three years but less than six years later. Gloria J. Stevens, Eric S. Deboer and Rigoberto Porras all signed up for credit cards with Delaware-based Chase. When they couldn't pay their bills, Chase shut down their accounts, then eventually sold the unpaid debt to collectors for pennies on the dollar. Debt collectors CACV of Colorado and Unifund CCR Partners filed suit to recover the money....

But the consumers pushed back, hiring Portland attorney Craig Colby and Hillsboro attorney Bret Knewtson to argue they were no longer responsible for the debt on the grounds that the three-year statute of limitations in Delaware had expired. The credit-card agreements stated that Delaware law applied. But at issue before the court was whether Delaware law still applied after the debt had been sold to a third party, the collectors.

The Court of Appeals said it didn't -- that Oregon law applies because of a provision in the federal Fair Debt Collection Practices Act that says debt collectors can't sue in some far-off state.
http://www.oregonlive.com/business/index.ssf/2012/03/the_oregon_court_of_appeals_sa.html
Published: Friday, March 30, 2012, 4:00 PM     Updated: Sunday, April 01, 2012, 2:59 PM

I included the names of the parties involved in the eventuality that the article will be removed so that it may later be found in case law.

The article also cited comments made by the lawyers:
Quote
Colby and Knewtson say they are appalled that the Court of Appeals used a federal consumer-protection law.

"I think the Court of Appeals is flouting the congressional intent of protecting debtors," Colby said.

It's also interesting to note the comments to that article are running about 95% in favor of the banks, indicating some moral failing of the debtor.

(Modified to fix a typo.)

Lawdog2012

  • Valued Member
  • Posts: 72
Re: Credit Card SOL's with Citations
« Reply #22 on: August 07, 2012 08:44:59 PM »
Trying to get clarification on exactly when the SOL begins. For example, if my state is 3 years, when does that begin -- when the OC passes it off? What if it is resold to another debt buyer within the SOL -- does the time period start over again?

Just trying to figure out how I can determine if someone threatening to sue (or already has) is within the SOL.

Thanks for helping me to understand.



Normally the credit card agreement dictates how default occurs. All the ones I've seen state that the date of the first scheduled payment you missed starts default, hence the SOL as well.
I am not an attorney. Any information I post is my own opinion and should not be construed as legal advice.

nobk4me

  • Valued Member
  • Posts: 854
Re: Credit Card SOL's with Citations
« Reply #23 on: October 27, 2012 08:19:21 PM »
New Law:  shorter SOL in Ohio for written contracts

The SOL for contracts in writing used to be 15 years.  The law has been changed to 8 years:

http://66.161.141.164/orc/2305.06

It isn't clear whether the new SOL only applies to debts that become delinquent after the effective date of the law.
Molon labe

Judgment Proof!

BigSal

  • Valued Member
  • Posts: 784
Re: Credit Card SOL's with Citations
« Reply #24 on: October 27, 2012 09:30:30 PM »
New Law:  shorter SOL in Ohio for written contracts

The SOL for contracts in writing used to be 15 years.  The law has been changed to 8 years:

http://66.161.141.164/orc/2305.06

It isn't clear whether the new SOL only applies to debts that become delinquent after the effective date of the law.

Given the presumption against retroactivity, I bet the Ohio courts will only allow this for defaults after the statute became effective.  http://www.supremecourt.ohio.gov/rod/docs/pdf/4/2012/2012-ohio-882.pdf
If you need legal advice, go see a lawyer.

Days Late Dollars Short

  • Valued Member
  • Posts: 28
Re: Credit Card SOL's with Citations
« Reply #25 on: February 15, 2013 10:08:17 PM »
Incorrect.

SOL starts on default.

Charge-off is an accounting element and only has relative meaning to when the cause of action occurs.

Is there any case law for this?  Does a small payment made always restart the clock?  I was hoping to find anything saying it starts with the DOFD instead of the DOLA. 

In the complaint I'm trying to answer, the Affidavit of Debt included states a $500 payment made in Aug. 07.  I truly don't believe that,  my parents weren't even making the mortgage by payment then.  The account defaulted at the end of 05 and was closed.  They didn't charge it off until 4/08.  The credit report was also very questionable.

We're dealing with an outside collection atty. for Bof@.  Have they ever been known to alter payment history to reage the debt?  SOL here is 6 years. 









Admin Note:  Coloring of text removed.  Posters are reminded that not all screens render colored text in a readable fashion.  Its use here on Debtorboards is discouraged.
« Last Edit: February 15, 2013 10:49:33 PM by Admin0248 »

credit_h

  • Valued Member
  • Posts: 380
Re: Credit Card SOL's with Citations
« Reply #26 on: February 16, 2013 12:09:09 AM »
I think there are 3 states that do not allow the SOL to reset with any payment, California and 2 others that I do not remember right now.

kickinanscreamin

  • Valued Member
  • Posts: 832
Re: Credit Card SOL's with Citations
« Reply #27 on: February 16, 2013 12:50:16 AM »
In the complaint I'm trying to answer, the Affidavit of Debt included states a $500 payment made in Aug. 07.  I truly don't believe that,  my parents weren't even making the mortgage by payment then.  The account defaulted at the end of 05 and was closed.  They didn't charge it off until 4/08.  The credit report was also very questionable.

If you can get bank statements that show that no payments were made to that account at that time, I would dispute the payment and claim SOL

cgoodwin

  • Valued Member
  • Posts: 3511
Re: Credit Card SOL's with Citations
« Reply #28 on: February 16, 2013 01:46:50 AM »
Unfortunately Ohio is wrong too.  Ohio is 15 years.  Recent case law supports it.

Ohio law changed last year in 2012 to 8 years.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

Days Late Dollars Short

  • Valued Member
  • Posts: 28
Re: Credit Card SOL's with Citations
« Reply #29 on: February 16, 2013 02:03:44 AM »
In the complaint I'm trying to answer, the Affidavit of Debt included states a $500 payment made in Aug. 07.  I truly don't believe that,  my parents weren't even making the mortgage by payment then.  The account defaulted at the end of 05 and was closed.  They didn't charge it off until 4/08.  The credit report was also very questionable.

If you can get bank statements that show that no payments were made to that account at that time, I would dispute the payment and claim SOL

They don't have them.  They gave up a few years ago, they just started throwing away all the mail and wouldn't answer the phone anymore.  They lost the house, rv and retirement funds due to illnesses and other stupid stuff that happened. 

I was hoping that if I claimed it as an affirmative defense in answering the complaint that they would have to prove otherwise and would not be able to so.  Could I get in trouble for that if I'm wrong or plead, sorry my bad?  Do the OC's usually have good records back that far?