SOL clarification please, WhyChat ?
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Posted by LadynRed (65.80.185.178) on August 13, 2002 at 23:23:49:
I know.. you've been asked this a gazillion times. I just need to be absolutely sure I understand the laws on this. If you'd rather just send me a link or something that would be acceptable too. On your site you say:
"If you do not 'catch up' or make an agreement to pay an amount in exchange for being marked "up to date" or settle, consolidate or enter into any other plan that has the EFFECT of bringing your account current, that starting date CANNOT be changed, even if you have made payments on the account." Now, my fiance has CAMCO on his butt about a debt I'm relatively sure is past the SOL. The last CR he pulled a year ago shows NO TRACE of the account CAMCO refers to in their collection letters. So, I figure its old enough that it dropped off his CR. This debt was either incurred in IL or NY, either way, the cc debt SOL is 6 years for both states. I know for a fact that he sent CAMCO a payment almost a year ago but has not paid them since. I don't THINK there was any agreement or plan to bring the account current, perhaps only an agreement on his part to make payments. If the key to this is the account being brought 'up to date' then the SOL still stands and he can still get CAMCO off his back with a C&D citing the expiration of the SOL. Its also noteworthy that my fiance sent these scumbags a settlement offer back in Jan and they agreed to take less than 5% of the total. That alone tells me its probably a pretty old debt. I need to be clear on this and be able to show proof in writing that he might still be able to use the SOL to get rid of these vermin. Thanks !!!
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