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bmv1226

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What is the statue of limitations for being sued?
I just had a creditor call and tell me I'm going to be served at work to appear in court for an account that was charged off in 2006? What is the statue of limitations on this? It's been 8 years!! I dont even remember having this account.... The original debt per our conversation was a little over $1,000 but he said if they sue me, they are going to sue for $6582.

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HE'S FULL OF IT!!!

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The statute of limitations for California is 4 years and for Nevada is 5, so that debt is uncollectable due to expiration of the SOL.  And more than seven years have passed, so the debt should not show on any credit report.  HE"S SOL (Sorry, out of luck).

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bmv1226

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Thank you!! I was so worried!

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Fraud? maybe!

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There have been several incidents of this type that i have heard of in the last year. Seems to be a Fraud.  They can not threaten you with like that anyway.   if they contact you again. Ask the name and mailing address of the collector and the name of the original creditor, then Tell them that they need to contact you by mail only and the next time they contact you tell them that you have requested written contact only then hang up.  Make notes as to when they call you in case you do need to file a report with the FTC.

Check your credit reports and see if the account is actually on your report.  If so contact the CRA by mail with a Validation Letter.  you can proceed from there.

Good luck!

Reply by
bmv1226

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Thank you so much for getting back to me! He said this account was charged off in 2006 after multiple attempts with three different collection agencies to get this debt resolved and it didnt work.  He said this debt was from Crescant Jewelers and I honestly cannot remember having this account as it was 8 years ago. He had all my info like SS#, date of birth and where I use to live.   I also checked my credit report and there is nothing on there.  I asked the guy isnt there a statue of limitations on how long you can try and sue someone?  He said that I lived in California at the time so their laws are different in Nevada.  I did look up was the limitations were and none of them were close to being 8 years... I think it was like 6 years for nevada and 2 years for cali but it all depends on which website I go to...

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Depends on your state.  Google "statute of limitations (name of your state)" and you'll find the answer quickly.  I hope you got the creditor's info, because they most likely broke the law and you can report them to the FTC for violating the Federal Debt Collections Practices Act.  VIsit FTC.gov for more info on that.

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bmv1226

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I googled statute of limitations and I get a different answer depending on which website i go to.  The collection guy said that since I had the account when I lived in Cali, they follow that law instead of nevada which i currently reside in.  I did get the name and number of who called me.  Bascially, this account was Charged off in 2006 per my convo with him, so no matter what state i reside in now, the statute of limitations has run out, correct?

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Debt Vs Statue of Limitation You Win if

I was taken to court for a pass due bill. The bill was  over 8 years old. The judge wasn't savvy about the Statue of Limitation Law. He made me get a lawyer. The lawyer called the bill collector and told the that I "she got you". It stopped them in their tracks; I won the case. Because the SOL , Statue of Limitation, in the state of Maryland is 3 years and the time to collect had expired. 

Also, it is illegal for ANY collectors to call or harass consumers. Consumers can sue them and have them pay your bill ;if they are so concerned.

What a statute of limitations is, how it works 

Creditors and debt collectors have a limited time window in which to sue debtors for nonpayment of credit card bills. That limit is set by a state's statute of limitations. These laws exist to protect people from claims being brought after evidence has disappeared. Anyone with unpaid credit card debt should know their state's statute.

"In most states, the statute of limitations period on debts is between three and 10 years; in some states, the period is longer," according to the U.S. Federal Trade Commission (FTC). Debts that have lingered longer than the statutes allow are often referred to as "time-barred debts."

Time-barred debt 

"If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred," according to the FTC.

Debt collectors and consumer advocates, however, caution that the statute of limitations (SOL) does not prevent debt collectors from attempting to collect on debts. They just cannot successfully sue to collect the debts -- assuming the debtor shows up in court to assert his or her rights.

Read more.

" http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php"

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