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  1. #1
    Join Date
    Jan 2006
    Posts
    5

    Default Statute of Limitations and Debt

    I have made mistakes in the past, I'm not proud, but they have happened. I am almost past all of this and can see the light at the 7 year mark. I am starting to get daily calls from Allied Interstate. I have noticed that they call from different numbers all the time, and most of the time they have people's names on the caller id, in place of the company name. I don't understand how they can do that.

    In any case...

    There is a debt that I alledgedly owe 2500 on. The acct was supposedly opened in May 1999, and last payment was Nov 1999. By wierd coincedence there is another credit card account that is alledged to have been opened in 98, and went delinquent around Q4 1999.

    I lived in KY at that time and now reside in Ohio. I belive the SOL in KY is 5 years and in OH 6 years. By my math I am out of the SOL in both cases. So if I was to be sued, I could answer with that defense and the matter should be dropped. Is this correct?

    Also, is there any way to counter sue them for harrassment on the calls from different names? I have asked them several times to not call me, and I mailed a letter last year but lost the Reciept. Should I send another letter?

    Finally is the SOL reset only on payments? Could I have restarted it based on the conversations or calls? If they could use that what should my retort be?

    Thanks for your advice and insight in advanced.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Statute of Limitations and Debt

    If the statute of limitations runs, you can defend against collection efforts or lawsuits on that basis. You can restart the debt based upon reaffirmation, but typically that must be in writing or in the form of a payment.

    If they violate the FDCPA or a state equivalent, you can attempt to sue them for damages as permitted by the laws they broke.

  3. #3
    Join Date
    Jan 2006
    Posts
    5

    Default


  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default


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