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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Question SOL Multiple States Harassment

    My question involves collection proceedings in the State of: KY, MT, OH

    I am being harassed by a debt collection agency over a CC debt that was last active in dec. of 2001. The account was opened in Montana, probably w/ a permanent address listed in Ohio, and I currently reside in Kentucky, so there are possibly three states that would fall into question here re: SOL. Having no idea of which one the debt collector would use as a basis for a law suit, and little time to contact to state Attourney General's office of each state, I am unsure how to proceed.
    My main question is whether CC debt falls under written or open contracts in aforementioned states. Fro m my web research it appears there is no real rule of thumb here. I have no money with which to settle the debt with the collector, short of partial payments, and it seems my only option is to take the SOL defense. Can anyone reccommend a way to proceed in this matter? I am extremely grateful for any worthwhile advice that you can provide.
    I have already contacted the FCC<?>, and have downloaded the SOL form letter.

  2. #2
    Join Date
    Apr 2008
    Posts
    3

    Default Re: SOL Multiple States Harassment

    I realize harassment is a strong word, but as I am being threatened w/ a law suit, I find that as "harassing". Anyway, still waiting for a reply if anyone can help in any way or has had similar experiences.
    This debt originates from a cc I took out in 1995 when I was 18 or 19, and I dropped out of school for a while to be a ski bum and work in restaurants. As the job I had was low pay, I had to use the CC from time to time for esssentials, and simply could not pay it back. My original debt was probably for about a 1000$, but now it is over 5K.

  3. #3
    Join Date
    Feb 2008
    Posts
    109

    Default Re: SOL Multiple States Harassment

    1) Have you asked them in writing for debt validation? This should have been done w/i 30 days of first hearing from them

    2) If they sue, they will sue in your state

    3) Legally they can't threaten to sue you and not do it.

    4) There really is nothing to do but send a debt validation letter at this point and see if they validate the debt. Just google: Debt Validation Letter.

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Default Re: SOL Multiple States Harassment

    Quote Quoting Exhausted
    View Post
    1) Have you asked them in writing for debt validation? This should have been done w/i 30 days of first hearing from them

    2) If they sue, they will sue in your state

    3) Legally they can't threaten to sue you and not do it.

    4) There really is nothing to do but send a debt validation letter at this point and see if they validate the debt. Just google: Debt Validation Letter.
    Thanks for your reply Exhausted. I can assume then from your above statement that I will be sued, as I just got off of the phone yesterday w/ someone who said I would receive a summons in a couple of days.
    I did ask for a debt validation letter and I got one. I left messages with my Attorney General's office and never got a reply. Unfortunately I was very busy with work this month and really had very little time with which to respond to this situation. I did as much web research as I could on statute of limitations and debt collection companies. Yesterday I refused payment of the debt on grounds of SOL, but I'm afraid that KY SOL does appear to be 7 years, and the company suing me is within that time-frame.
    I guess I am looking for a lawyer. I read somewhere that you are less likely to be sued if you have no assets. I am a basicly a dishwasher by trade and have no real assets. Can I hope that they will be less likely to take this case before a judge based on the fact that they can only win 25% of my wages?

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: SOL Multiple States Harassment

    Quote Quoting jw404
    View Post
    I am a basicly a dishwasher by trade and have no real assets. Can I hope that they will be less likely to take this case before a judge based on the fact that they can only win 25% of my wages?
    Possibly but I wouldn't count on them not taking it to court. Judgments are good for quite some time in most states & can sometimes be renewed. They know that even if you have no/not many non-exempt assets they can seize at this time that you might in the future & they can come after them at that time. The state you are currently living in, Ky., has a 15 yr. SOL on judgments.

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