Topic: SOL - NC, with an added twist

['preciatechya]

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]

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]

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....

[Fighting Irish]

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.

[CleaningUp]

...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]

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]

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.

[suemepunk]

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]

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.

['preciatechya]

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]

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]

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]

So that gets added to the time, eh?

Yes.

['preciatechya]

Dagnabbit.  Well, thanks for your help, everyone!

[Fighting Irish]

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.