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    SLowe's Avatar
    SLowe Posts: 1, Reputation: 1
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    #1

    Oct 12, 2006, 09:20 PM
    Credit Card SOL in AL
    I have a credit card that was charged off in 10/2003. It has been sold to an attorney that is trying to collect. What is the SOL in AL for this type debt? I have not agreed that it is my debt and I personally have not spoken to the firm.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Oct 13, 2006, 07:36 AM
    Here are the various statutes of limitations for AL:

    "Contracts under seal: 10 years, (A.C. 6-2-33)

    Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)

    Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)

    Open accounts: 3 years (A.C. 6-2-37)

    Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)

    Actions based on fraud: 2 years (A.C. 6-2-3)" [source]

    I'm not positive, but it seems credit card debt must be under contracts not under seal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
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    #3

    Oct 13, 2006, 08:30 AM
    Well I am glad to see SOL stood for statue of Limitation, I need to go to confession today I guess.

    But the point is that SOL is only the time they have to go to court and get a judgement and inforce it in court, The collection companies can attempt to collect the debt forever, there is no limitation on how long they can re-sale it, keep calling and keep sending letters. You can still get a call for this 40 years from now in the retirmenet home. But they just can't take you to court.

    Now if the had gotten a judgement prior to the SOL ran out, then it may still be enforceable if they have keep the judgement renewed.

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