An SOL for debt begins from the time the original creditor charges off the debt. It does not begin over when a debt is sold to a third party collector. It can restart if the debtor pays or in some cases agrees to pay any amount on the debt owed.
== == no they can not do so for a medical bill.
California Statutes of Limitation on Debt Collection:Written agreements: 4 years, calculated from the date of breach.Oral agreements: 2 years.The statute of limitation clock is stopped if the debtor makes a payment on the account after the expiration of the applicable limitations period. In some cases, the clock can also stop if you acknowledge ownership of a debt.
No, this is called "re-aging" the debt, so that it stays within the statutes for collection and legal action within your state. Dispute this with the credit bureau, and of course, keep all account records for proof.
The original creditor is required by law to charge off an account after a 180 day deliquency. In most instances the account is sold to a third party collector. The collection agency will continue collection procedures. If an equitable arrangement cannot be made with the debtor, the collector may refer the account to an attorney who may decide to file a lawsuit.
The SOL begins when an account is considered in default. SOL's only apply to lawsuits, they do not halt collection procedures by the OC or an assigned collection agency.
Legally the date of last activity is not suppose to re-start. But, I have been noticing that the date of last activity renews itself once the account is sold to another third party collection agency. Here's the thing - the seven year clock is a "Myth". I know this is shocking when it comes to debts, but it's true. What you should be concerned about is the "Statue of Limitation" for your state or the state that you opened that account. The date of last payment is the date you should calculate the number of years from the Statue of Limitation. Example: If an account/credit card was openend in the state of North Carolina, they have a four year "Statue of Limitation" for "Open Accounts". This means that there was a written or verbal contract. The date of last payment was 12/2004, which means that the statue of limitation expires on 12/2008. This means that the collector or creditor can no longer try to collect on this debt. On the credit report, the bureaus usually have something that potrays this: This account will remain until 11/2011. This means that by 11/2011, you as the consumer, can dispute this account and ask for a permenant removal. Good Luck!!
scope and limitation of accounts receivable
There is the kind of letter that you write insisting on this condition prior to paying a collection account. There is also the collection agencys' written agreement stating this. There is no standard form letter.
No, the collection agency is now the rightful owner of the debt in question and the original creditor has removed the account from their books.
No, the collector is not legally obligated to present such information. Under the FDCPA the collector must inform the debtor that account information will be forwarded if the debtor sends a written request within 30 days of receiving the collection notice.
Assuming the debtor does not voluntarily release the information for collection to the collector due civil process is required before such action can occur. The general steps are: The collector/creditor will file a civil suit against the debtor, win the suit (which is almost certain to happen); be awarded a judgment then execute the judgment as a levy against the judgment debtor's bank account.
7 yrs.Not sure when this was answered, but the answer appears to be inaccurate.California Statutes of Limitation on Debt Collection:Written agreements: 4 years, calculated from the date of breach.Promissorynotes: 4 yearsOpen accounts [including credit cards]: 4 yearsOral agreements: 2 years.The statute of limitation clock is stopped if the debtor makes a payment on the account after the expiration of the applicable limitations period. In some cases, the clock can also stop if you acknowledge ownership of a debt.