Author Topic: SOL - NC, with an added twist  (Read 1464 times)

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'preciatechya

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SOL - NC, with an added twist
« on: March 09, 2012 07:52:52 PM »
Greetings - Perhaps someone can advise me about an SOL question with a twist?

Last payment on this credit card account was in June, 2008.  Account was charged off in June of 2009.  Suit was filed, initially, in 2010 (I believe), their side Dismissed the Suit Without Prejudice in (approx) June of 2011.

They initiated a new suit in October of 2011 (seems they had gotten together more statements). 

My questions are:

1.  The SOL begins ticking at my last payment, correct, not their charge off date?
2.  Does the fact that they initially filed suit in 2010 give them a foot in the door?  That suit was closed, and a new one opened.

I really want to sue them for trying to collect on a time barred debit, so thoughts are very welcomed.

CleaningUp

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Re: SOL - NC, with an added twist
« Reply #1 on: March 09, 2012 08:16:38 PM »
Three years doesn't expire until June 2012.  SOL is still running if you are in a position to claim a 3-year limit.

Suit initiated in October 2011 is legitimately within a 3-year SOL

A suit filed an dismissed is the equivalent of a suit never filed when looking at SOL.

silverzgirl

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Re: SOL - NC, with an added twist
« Reply #2 on: March 09, 2012 08:23:24 PM »
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1.html

I think NC uses DOFD.

If last payment was in 2008 and the account was never used again, then this is past the SOL and an October suit would be a violation. Or am I reading this wrong....
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

Fighting Irish

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Re: SOL - NC, with an added twist
« Reply #3 on: March 09, 2012 08:28:43 PM »
Am I missing something?

It looks like SoL ran out in July, 2011, to me.

Charge off can be any date the OC chooses, so it's arbitrary.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

CleaningUp

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Re: SOL - NC, with an added twist
« Reply #4 on: March 09, 2012 08:33:30 PM »


...Charge off can be any date the OC chooses, so it's arbitrary.


Not correct.

Charge-off MUST occur within 180 days of a delinquency not brought current.

This requirement is the genesis of the seven-and-one-half year statute of limitations for reporting. Creditors were doing two things:  1) Cooking their own books to hide bad debt losses, and 2) Holding on to bad debts so as to continue to be able to use credit reporting as bat over the head of the consumer.

'preciatechya

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Re: SOL - NC, with an added twist
« Reply #5 on: March 09, 2012 08:35:16 PM »
That's what I thought, that the SOL ended in July, 2011...I wasn't sure if the fact that they had filed and closed a case against me in the middle had any bearing.

Would it make sense that along with my Objections to the Order that was drawn up after my MTC Arb, and Affidavit accepting the 2006 contract as governing, I should just go ahead and file a Motion to Dismiss, as the debt is time barred? 

silverzgirl

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Re: SOL - NC, with an added twist
« Reply #6 on: March 09, 2012 08:41:36 PM »
That's what I thought, that the SOL ended in July, 2011...I wasn't sure if the fact that they had filed and closed a case against me in the middle had any bearing.

Would it make sense that along with my Objections to the Order that was drawn up after my MTC Arb, and Affidavit accepting the 2006 contract as governing, I should just go ahead and file a Motion to Dismiss, as the debt is time barred?

Check state law before proceeding. If it is DOFD then they are out of SOL. If it is from chargeoff which many states are, CU is correct and it is still in.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

suemepunk

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Re: SOL - NC, with an added twist
« Reply #7 on: March 09, 2012 09:29:32 PM »
Another consideration is whether this is a JDB or OC.   NC has strong consumer protection laws in regards to JDB's.   They have heightened filing requirements.

silverzgirl

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Re: SOL - NC, with an added twist
« Reply #8 on: March 09, 2012 09:35:15 PM »
Another consideration is whether this is a JDB or OC.   NC has strong consumer protection laws in regards to JDB's.   They have heightened filing requirements.

This won't change SOL though. OP needs to find out when his state starts the clock.  Most start at date of chargeoff. And even then it sounds fishy; if first DQ was 6/08 and CO was not until 6/09. As CU states, 180 days is the key.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

'preciatechya

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Re: SOL - NC, with an added twist
« Reply #9 on: March 09, 2012 10:28:36 PM »
How can I determine when the account was charged off?  It looks like it shows 6/09 as the charge-off reported date on my credit report.

kevinmanheim

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Re: SOL - NC, with an added twist
« Reply #10 on: March 09, 2012 10:31:47 PM »
The SOL begins to run when you default. Charge off has nothing to do with it.

It keeps running until one of two things happens:

1) You make a payment.

2) They sue you prior to the SOL expiring. If this happens, and they dismiss, the SOL is tolled while the suit is pending, and that time period is added to the SOL.

Did you make any payments after June 2008? Even $1?

'preciatechya

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Re: SOL - NC, with an added twist
« Reply #11 on: March 09, 2012 10:34:10 PM »
I have not made a payment since June of 2008, but they did sue me prior to the SOL expiring, and dismissed the case without prejudice.  I'll have to check my records, but that process took about a year.  So that gets added to the time, eh?

kevinmanheim

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Re: SOL - NC, with an added twist
« Reply #12 on: March 09, 2012 10:39:29 PM »
So that gets added to the time, eh?
Yes.

'preciatechya

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Re: SOL - NC, with an added twist
« Reply #13 on: March 09, 2012 11:35:24 PM »
Dagnabbit.  Well, thanks for your help, everyone!

Fighting Irish

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Re: SOL - NC, with an added twist
« Reply #14 on: March 09, 2012 11:43:02 PM »
The suit was dismissed; it goes back to the original SoL.

Have you looked at all your CRs?

If the DOFD is 7/2008, and they're not reporting C/O till June of the next year, it's a violation, as CU noted, it's supposed to be 180 days or sooner.

When I commented on the "all over the place" I meant that, not that they could take longer. It pays to be precise, no?

At any rate, I would check all the CRs, and find out if this JDB is reporting the same, wrong chargeoff.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)