Monday, July 29, 2002

How to Prove SOL Debt

The acronym "SOL" is used to describe debt that is beyond state statute of limitation laws. Statute of limitation laws regulate how long debt collectors can use lawsuits to collect unpaid debts. Laws vary by state, but the average for unsecured debt such as credit cards is about six years. A debt collector can still file a lawsuit after expiration of the statute of limitation, but a judge in the case will dismiss the lawsuit if the defendant argues that the debt is too old for consideration by the courts.

Instructions

    1

    Get a copy of your credit report from Annual Credit Report. This website is the only site specifically endorsed by the Federal Trade Commission to offer free reports under the terms of the Fair Credit Reporting Act.

    2

    Read the credit report to review your accounts. Note the date of last activity on the accounts, such as any payment. The clock begins ticking on SOL at the date of last activity, according to BCS Alliance.

    3

    Contact a local office for the state attorney. Get the number by calling the local public library. Ask the person answering the phone at the state attorney's office for information on laws in your state regarding the statute of limitation. The receptionist may give you the address for a state website listing the information, or simply provide the information over the phone. For example, in Alabama, the SOL on credit card debt is three years as of 2011, but it is six years for promissory notes, according to BCS Alliance. Contracts and oral agreements also feature six-year statute of limitation laws.

    4

    Match up your accounts with the SOL laws in your states. SOL laws regulate "open accounts," which are unsecured accounts such as credit cards, oral agreements, promissory notes and contracts. SOL laws in your state may vary depending on the type of debt. Make an appointment with a government-certified credit counselor if you need help understanding SOL laws in your state. Free consultations are available with counselors approved by the U.S. Department of Housing and Urban Development. The counselors specialize in housing and credit issues.

    5

    Prove the debt is beyond your state's statute of limitation by comparing the date of last activity on your credit report to the state law for that type of debt. For example, if the SOL on credit card debt in your state is six years, then any credit card debt with a date of last activity older than six years is protected under SOL laws.

0 comments:

Post a Comment