Help! complicated sol collection case

[Dmcfx]

undefinedWhat is the name of your state? CA. In 1996, I took out a $25000.00 title 1 home improvement loan, secured by the deed of trust on my home. 2 years later the home went into forclosure, and I defaulted on the improvement loan. The account went into collections. It has since changed hands 4 times (in 6 1/2 years). The most recent bottom feeders, thru thier attorney, served me a summons.
I hired an attorney, and he first sent a letter asking how he planned to get around the sol. His response stated that this case falls under the Ca commercial code (sol 6 years) and not the Ca civil code (4 years) and furthermore they are accelerating the request for the full amount due now. Therefore this acceleration starts the sol clock from the date of the acceleration.
Now, for years I have been researching this subject, and every reputable site I've found, states the sol in Ca to 4 years on a written contract or promissory note. Could they all be wrong? I dont believe that to be the case. I believe this guys story is bs. If someone out there is familiar with the details of this senerio, please enlighten me. And with all do respect, only respond with specifics. thanks

 

[cmorris]

This CA is full of crap. They are trying to scare and intimidate you into paying something you are not legally required to pay. It is 4 years and the SOL has passed.

What does your attorney say about this matter? If he even half believes this, get a new one right away!

 

[Dmcfx]

he's looking into it, as my wallet gets thinner.......

 

[MominNJ]

here's an idea

Why don't you try filing a complaint with the FDCA and your states attorney's office... Hey they would be the experts on the rules, right? And what's the worst that could happen? I would do it.
JMO, your attorney should know these laws already if this is his area of work.
One thing that struck me though, you said:
(they are accelerating the request for the full amount due now. Therefore this acceleration starts the sol clock from the date of the acceleration.)
That I'm SURE is BS. In other words, they can change the sol "clock" according to whatever time frame benefits them? That's crap. It's starts from the last activity. In other words, last payment or if you never paid on it, when you received the money.
Try complaining your a$$ off. See what happens and let me know!

 

[Dmcfx]

yes , this acceleration act certainly sounds like bs to me also. However weather or not it applys to me........ It is happening out there. These scumbag collectors are trying to get away with using it. And there is, mention of this "acceleration" in the commercial codes, not the civil codes to my knowledge. Consumers beware! This is why 3rd party collecting is a multi billion dollar scam......thanks for the advice