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Mr Da Nile
Aug 25, 2008, 04:49 AM
I'm trying to figure the sol on an old debt. From what I've found it's 4 years from time of default in my state (ga). My question is how do I determine when it legally became default. Thanks all

CaptainRich
Aug 25, 2008, 05:34 AM
From my understanding, if the creditor has been actively pursuing collection on the debt, it isn't actually in default.
Are you disputing the legitimacy of the debt?
Even still, since debt can be both bought and sold, the new "owner" can attempt to collect on that debt.

ScottGem
Aug 25, 2008, 05:48 AM
This actually may vary from creditor to creditor. Some would consider it in default as soon as a payment is late. Others may wait until a full month has past. Others 90 days or some may wait until they charge it off.

If it's that close, bring the SOL issue up at your hearing and let the judge decide.

Mr Da Nile
Aug 26, 2008, 07:20 AM
Thanks for the responses guys. Yes Capt I'm disputing a debt. I have 2 debts I'm trying to clear up. One is a card that I received without asking. Threw it away and ignored it. Then 1 year later got a bill stating I was past due, over the limit because of yearly membership fees and penalties. I scoffed at the bill ( My name is not Mr Da Nile for no reason). Well some time has gone by and to make a long story short got a summons from an attorney asking $998.00. I've filed intent and asked proof of debt from the attorney. Now for debt no.2. This got me thinking ( Like I said my name is Mr Da Nile) I really need to take care of a debt I owe that is valid ( I have gotten 1 collection letter on it). So I called citibank to arrange payments or payoff, but alas, they couldn't find the account and had no info on its status. The collection agency is asking 4,800.00 , the debt was originally $2500.00. Any way, I'm working on my options on both debts. With the summons if I have to, I'll go to court and try and argue no proof of debt. With the other, I'm still researching. Thx again for your responses.

ScottGem
Aug 26, 2008, 07:47 AM
If the debt was charged off and sold, Citibank may no longer have a record of it. But that doesn't mean the plaintiff doesn't.

CESElizabeth
Aug 27, 2008, 01:19 AM
I'm trying to figure the sol on an old debt. From what I've found it's 4 years from time of default in my state (ga). My question is how do I determine when it legally became default. Thanks all
Go to Americans for Fairness in Lending - Debt Collection Abuses (http://www.affil.org/consumer_rsc/debt_collection.php) this website has the information you need.
What other rights do I have regarding debt collection?
This largely depends on whether your caller is a lender or a debt collector.

A lender is the company from which you borrowed money or bought the goods or services that you are repaying. The lender can also be another company to which the debt was owed before you fell into default – that is, before you stopped making payments. Depending on your state law, you may or may not have any protections against misconduct by the lender.

A debt collector or collection agency is someone who is collecting for a lender or for another third party after you got behind on your payments. Debt collectors who contact you—but not lenders—are subject to the Fair Debt Collection Practices Act.

Another important thing to keep in mind is what is called “a statute of limitations” on your debt. If the lender or debtor does not sue you within a specified period, they lose their right to ever sue you again. This is usually a period of several years, normally counted from the date of the last payment you made. As a result, debt collectors will pressure you to make a partial payment—even a very small one—because this will extend the statue of limitations further in time. Therefore, it may be a mistake to make a partial payment when pressured by a debt collector after years of not paying, because in some states this partial payment starts the statute of limitations running all over again.

Frankie