Guide to Finance

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Credit Statute Of Limitations

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It is common nowadays for consumers to actually be delinquent in paying their respective bills. In fact, many consumers even end up declaring bankruptcy because they have been so delinquent payers. Remember that most of American consumers right now actually prefer spending using their credit cards rather that using cold cash. In this case, these consumers also fall into the trap of overspending, causing them to have lower credit scores.



Remember that one of the basic reasons why consumers choose credit cards over cash is because of the convenience that it brings, especially when talking about expenditures. In fact, when you are using a credit card, you do not have to limit your spending on the dollars that is in your wallet. Plus, credit cards also make you spend easily in most of the commercial establishments, and may even bring certain discounts. However, due to this convenience, many consumers also fall unto the trap of mismanaging their expenditures, making them have lower credit scores and being trapped into debt.

Given this situation, consumers that have low credit scores and dues are even exposed to additional stress and frustration. This is due to the harassing calls that credit collection agencies give you. It may be a consequence of your delinquency why collection agencies actually come to collect your dues. However, it foes not give the enough reason to frustrate you even more.

Remember that it is one thing to be stressed because you had low credit scores and have many bills to pay, and it is another thing to be stressed further by harassment through phone. In such situations, remember that there is actually a law that protects you. This is the Statute of Limitations, or SOL.

Every state has different credit Statute of Limitations. However, the important fact to remember is that, wherever state you are the credit Statute of Limitations (SOL) is there to protect you from unjustified collection agency behaviour. And another good fact to take note is that all credit collection companies are required to follow the SOL.

Depending on which state you are, there are different ways on implementing this statute. It is important for you to contact the Attorney General of your respective state when you want to know the details about the SOL in your area. There are sates wherein the law of the foreign state is going to be applied; meanwhile, there are also states in which the laws of state of the resident apply. In any case, the rule that the credit collection agency will follow is the credit card agreement that is signed by the debtor.

The statute of limitations actually states that it takes only a specific period of time wherein they can sue you, for you to be forced to pay your dues. This already starts the period that you are not able to pay on time. However, there are also credit collection companies that report your delinquency to credit rating agencies, which in turn affects your credit score.
Credit Statute Of Limitations
The Statute Of Limitations, also referred to as SOL, can mean a lot of things to different people, even when they are referring to SOL as it applies to the credit industry. Many people get the Statute Of Limitations confused with the reporting period. Here's how to keep the two terms clear in your mind. It can make the difference in winning or losing a lawsuit over an unpaid debt.

The reporting period is defined in the Fairness in Credit Reporting Act (FCRA). It is the time that negative items can stay on a report. This is usually not longer than 7 years from the date it was charged off, or 7.5 years from the Date of First Delinquency.

The Statute Of Limitations (SOL) has ABSOLUTELY NOTHING to do with how long a debt is listed on your credit report. The SOL is governed by the laws of YOUR STATE and differs from state to state. Refer to your state's statutes for what the limit is in your state. Also, you should look up the statute for the state in which you signed the loan contract. That state's SOL could be used against you in a lawsuit.

SOL is the amount of time a collection agency or original creditor can sue you over a debt -- successfully. If you find yourself in a lawsuit over an unpaid debt, the creditor has the upper hand even after the SOL has passed. The SOL is also known as an 'affirmative defense'. This means that the judge doesn't automatically dismiss the suite because the creditor filed it after the SOL passed. You, the Defendant, have to use SOL as a defense. You must prove that the creditor or collections agency is suing after the Statute Of Limitations has passed.

Here's how to calculate the SOL:

1. Take the date you last made a payment and add 6 months to this date.

2. Add the number of years of the statute of limitations in your state.

Example:

You last stopped paying on a credit card on March 15, 2002. The statute of limitations for credit cards in your state is 6 years.

You can use the SOL as a defense from a creditor if you are sued after September 15, 2008 calculated like this:

March 15, 2002 + 6 months = September 15, 2002.

6 Years + September 15, 2002 = September 15, 2008

Therefore, a creditor cannot sue you for this debt after September 15, 2008.

Your credit is an extraordinarily powerful piece of your financial toolkit. Understanding the laws that protect you can end up saving you from paying unnecessarily on debts that have passed the Statute Of Limitations. Do not let debt collectors bully you into paying something just because they sue you. Stand up for your rights or hire an attorney to stand up for you.
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About Author
Both Tony Francis & Kate Rieger are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Tony Francis has sinced written about articles on various topics from Finances, Free Credit Report Score and Finances. In order for you to learn more about , visit Free-Credit-Reports.com. This site will surely help you get a better. Tony Francis's top article generates over 27100 views. to your Favourites.

Kate Rieger has sinced written about articles on various topics from Pets, Finances and Pets. Kathleen Rieger is a member of the International Association of Privacy Professionals. She has provided credit repair guidance for problems such as bankruptcies, judgments, delinquencies and much more. She has been a guest speaker at local churches, schoo. Kate Rieger's top article generates over 12100 views. to your Favourites.
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