SOL in NC

[QuestioninNC]

What is the name of your state? NC

My question is if the statute of limitations on credit card debt in NC is 3 years? I have been given conflicting advice. The CA is telling me it is 5 years. My Equifax credit report lists date of last activity as 10/2000; Transunion states updated as 1/04; opened 6/1997; closed 9/2002. Doesn't the SOL go from date of last activity which would be 10/2000. The CA told me that the last payment was 2/2001 but I can't find this date anywhere in the credit reports. What else should I do to get this information? I sent a CMRRR validation letter to CA and got the green card back but haven't gotten any other information from them regarding this debt. All help is appreciated. Thanks.

 

[cmorris]

What is the name of your state? NC

My question is if the statute of limitations on credit card debt in NC is 3 years?

**Credit cards are open accounts. Oral agreements, written contracts, and open accounts have a statute of limitations of 3 years. Promissory notes have a SOL of 5 years. The CA is trying to claim, apparently, that this is a promissory note. Don't believe it.

I have been given conflicting advice. The CA is telling me it is 5 years.

**See above.

My Equifax credit report lists date of last activity as 10/2000; Transunion states updated as 1/04; opened 6/1997; closed 9/2002. Doesn't the SOL go from date of last activity which would be 10/2000.

**I don't know what the date of last activity is. It would be when you defaulted on the credit card. I do not know if a payment would have any affect on the SOL in NC.

The CA told me that the last payment was 2/2001 but I can't find this date anywhere in the credit reports.

**Did you send a payment?

What else should I do to get this information? I sent a CMRRR validation letter to CA and got the green card back but haven't gotten any other information from them regarding this debt.

**Send a dispute letter to all of the applicable credit bureaus stating the acocunt as "not mine." Send it CMRR. This puts the collection agency on a 30 day timeline to send validation. They have to send validation to you before verifying the tradeline with the credit bureaus. So, this may also get the tradeline removed from your credit reports.

All help is appreciated. Thanks.

Your welcome!

 

[Ladynred]

There is no 5 year SOL on any kind of Contract in NC ! The CA is LYING to you to get you to pay -- and restart the SOL !!

If you want some help with these scumbags, contact this NC lawyer:

Florida and N.C. Licensed Lawyer "The Avenger"
Chris Livingston
5440 Atlantic Springs Rd
Raleigh, NC 27616
(919) 876-8001
email: chrisatty@hotmail.com