Categorized | Bad debt

When a debt collector buy your credit card debt, does that restart the statute of limitations?

Posted on 06 February 2010 by Debt Helper

No. It only restarts if and when you begin paying again. Once you pay them a penny, it reactivates the account. If it is past statute of limitations in state you now live, not state they or the loan are in, or state loan was signed, the state you now reside in, hire an attorney to write them a letter. It’s less than $100.00 or cheaper, and takes care if it.No. They however can adjust the amount due and then place that amount on your credit report and that in turn restarts the statute over, but they cannot do it if it is outside the statute of limitations.
However, this practice is fishy and done a lot, I am not sure if it is yet illegal.

Pennsylvania 4 years 42 Pa. C.S. 5525(a)
http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.055.025.000.htmlNo. When a collector buys a debt (in legal terms, when the original creditor assigns his rights to the debt), the collector "steps in the shoes" of the original creditor. Everything that applies to the original creditor, including statutes of limitation, apply to the assignee debt collector as well. In fact, the debt collector faces even more restrictions than the original creditor. The debt collector must comply with the Fair Debt Collection Practices Act, but the FDCPA does not apply to the original creditor.

The SOL starts on the date you breached the contract. So, if you were required to make a payment on the first of every month, and the last time you made a payment was April 1, 2001, and you missed the May 1, 2001 payment, then the SOL begins on May 2, 2001.

 

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