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SLowe · Oct 12, 2006, 09:20 PM

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 · 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 · 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.