Re: Missouri cc SOL with a twist
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Posted by Why Chat (209.240.198.61) on June 22, 2003 at 19:18:43:
In Reply to: Missouri cc SOL with a twist posted by Collection Agency Killer on June 22, 2003 at 17:34:47:
Well-- you need to prove they had no pp, which may be difficult as pp is rather flexible even if the account was past SOL. As to the lack of validation,they are only, as I understand it REQUIRED to validate if they are continuing to report. Did they threaten you with legal action? Did they re-age your account on the credit reports? OK- Here is the time line for SOL, in Tx, starting from your last payment or charge on the account to the OC, it is 4 years,MINUS the 3 years you were in BK. In Mo. it is ALSO 4 years,stating from your first default or late date, minus the 3 years in BK. If you are filing in a Mo. court,it doesnt matter if you actually exceeded the SOL in Tx or Mo, the point is that in EITHER jurisdiction you were beyond SOL,and beyond the time for any legal collection activities. You MIGHT consider this, instead of relying just on the FDCPA violations,you might look into ADDING fraudulent extortion attempts to your claim.
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