Re: Original Delinquency Date

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Posted by Ben Justice on November 20, 2000 at 08:49:40:

In Reply to: Re: Original Delinquency Date posted by Peter Rosa on November 19, 2000 at 17:28:05:

: A couple of things to keep in mind - first of all, the collections agency is not trying to "help you" no matter how nice they sound. Believe me, they will stomp all over you without batting an eyelash. Second, the use of a "house attorney" is a common ploy. It doesn't necessarily mean much.
: As far as the SOL is concerned, the creditor has to follow the one in the state where you live. If you lived in a different state when you took out the credit card, they may be able to use that state's SOL instead. The state of the creditor's/collector's headquarters doesn't matter. Finally, while telling them that you know about the SOL might stop any lawsuits, there's no guarantee. If they sue you, you would have to raise the SOL as a defense.

Thanks for the information! Quick question. I found a old credit report which indicates a DLA of 12/95 on this account. I assume DLA is date of last activity. Would the "original delinquency date" then most likely be 180 days after this date? Since, according to the chart, I now believe the SOL is 5 years for my state (signed contract not open account) so I'm on the SOL border line apparently.

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: : A couple of things to keep in mind - first of all, the collections agency is not trying to "help you" no matter how nice they sound. Believe me, they will stomp all over you without batting an eyelash. Second, the use of a "house attorney" is a common ploy. It doesn't necessarily mean much. : : As far as the SOL is concerned, the creditor has to follow the one in the state where you live. If you lived in a different state when you took out the credit card, they may be able to use that state's SOL instead. The state of the creditor's/collector's headquarters doesn't matter. Finally, while telling them that you know about the SOL might stop any lawsuits, there's no guarantee. If they sue you, you would have to raise the SOL as a defense. : Thanks for the information! Quick question. I found a old credit report which indicates a DLA of 12/95 on this account. I assume DLA is date of last activity. Would the "original delinquency date" then most likely be 180 days after this date? Since, according to the chart, I now believe the SOL is 5 years for my state (signed contract not open account) so I'm on the SOL border line apparently. : :

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