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Michigan SOL - Credit Card Debt


Posts: 4590
Credits: 65464.15
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Question for my DebtCC family members...

I have a relative who has asked my help with a debt that is most likely out of the SOL.

She's in Michigan, it's a credit card debt (and thus is considered unsecured debt), and she has no idea when the last payment was made. It's possible she paid on it in the last few years and started the SOL over again.

The way I read the SOL for Michigan, this debt should be uncollectible, if she hasn't paid on it in several years:



Should I have her find out where the company that's collecting is located, in case THEIR SOL applies instead of Michigan's?

Also, those of you experienced with SOL - am I right in thinking this debt is outside the SOL for Michigan?

She has some collection company calling her now and saying they're going to take her to court if she doesn't pay the balance in full, and won't make any payment arrangements with her. (It's National Enterprise Systems.)

Thanks!




mikim
Posts: 14
Credits: 755.55

Sub: #1 If I understand correctly, the SOL applies in the state where th
Wed, 06/06/2007 - 19:27

If I understand correctly, the SOL applies in the state where the consumer resides and starts from the date the last payment is made. Someone may need to correct me, but SOL applies to the length of time they have to take you to court over the account, not collecting on the account.

I dealt with NES a few months ago, and they gave me the ol' "we're going to file a civil suit against you if you don't pay us X amount by such-and-such date" dog and pony show. Little did these nincompoops know that I had been paying on the debt for three years.

Truth of the matter? They can't sue her. Only an attorney can do that. It's just a line of BS they use to scare people into paying. Your relative needs to send a debt validation letter to them by certified mail, return receipt requested. I did that, along with working with my debt consolidation company and the original creditor, and never heard another peep out of NES. No one came to my house or my job to serve me papers.




cajunbulldog

Posts: 4859
Credits: 42498.45

Sub: #2 Sue,the person needs to find out the date of first delinquency f
Thu, 06/07/2007 - 08:09

Sue,the person needs to find out the date of first delinquency for this account thru the original creditor or other means.For Mich sol,look for statute on open accounts or verbal agreement and also look for what are your state's requirements for reaffirming debt because a payment does not always reset sol.The statute will define exactly what this entails.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.




Bossy4455

Posts: 5855
Credits: 74303.05

Sub: #3 Sue- this is what I found for that -it said another state's sol
Fri, 06/08/2007 - 10:31

Sue- this is what I found for that -it said another state's sol may apply, and to check statutes ? So I would check further in that area. Good Luck!!..KAren

As long as you are alive, there's always hope




Unregistered

Sub: #4 Can a credit card company sue you and take your home
Tue, 10/07/2008 - 19:14

In michigan does anyone know if a credit card company can sue you and take your home if the home is owned free and clear???




NASCAR_Devil


Posts: 4668
Credits: 30821.544972777

Sub: #5 Here are some links for MI statutes
Wed, 10/08/2008 - 03:55

Here are some links for MI statutes




Unregistered

Sub: #6 I recently split from ex who racked up thousands of dollars in c
Sun, 02/01/2009 - 13:04

I recently split from ex who racked up thousands of dollars in credit card debt in my name and someone went to my grandmas looking to serve me papers. I am unsure what to do. Can anyone help me?




Unregistered

Sub: #7 Collectors
Wed, 02/25/2009 - 20:27

Someone called me to find out if I would be home next week because they needed to serve me papers. I am assuming this is from a credit card debt. Turns out, they had an address from a state I no longer reside. I am now in Michigan and getting ready to put my deceased mother's home into my name. Is my home at risk? My SOL is six years next July. They gave me a phone number and case number on the phone.




Unregistered

Sub: #8 Kat, Contact the county clerks office to see if the summons is r
Thu, 02/26/2009 - 03:32

Kat, Contact the county clerks office to see if the summons is real. Notify the court that you no longer live at that address or the state. The CA has to sue you in the county and state where you currently reside, if a CA sues and a judgement is granted against you, a lien can be placed against your home even if it is in another state. I would wait before transfering title of your mothers home to your name until you get this settled.




Chrys Henderson

Posts: 2560
Credits: 17373.3

Sub: #9 ( :oops: - I responded to the wrong thread :oops: )
Wed, 05/06/2009 - 03:04

( :oops: - I responded to the wrong thread :oops: )

FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.




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