I am being sued by Levtiz furniture for $2000 worth of furniture that I purchased 5 years ago. Isn't there only a 2 year period in which they have to file a suit? Also my name is Lauren and all correspondence for this creditor has always been addressed to Laureen Wood. Could this make a difference or work in my favor somehow?
2006-09-14 14:34:38 · 7 answers · asked by edlauren 2 in Politics & Government ➔ Law & Ethics
What state are you in? Each state does not have the same time limits concerning collections. Also, the spelling error on your name makes no difference. They will have a record of selling and delivering the furniture to you, and you accepting responsibility for payment.
2006-09-14 14:40:09 · answer #1 · answered by dh1977 7 · 0⤊ 1⤋
Everything in the above answer is incorrect, please disregard it. All states have different statutes of limitation, but for breach of contracts cases, the general rule is usually 6 years. You should definitely check that out to make sure. As for the misspelling, that is a mere clerical error; plus, you are still personally identifiable on the basis of the complaint, i.e. your full last name spelled properly and home address. So long as you are aware that you are in fact the person being sued, then this misspelling will not work in your favor. Good luck with everything.
2006-09-14 16:14:01 · answer #2 · answered by leslie 2 · 0⤊ 0⤋
It relies upon on whilst the date the debt grew to become antisocial started. in case you're paying oftentimes and this is a ten or 30 3 hundred and sixty 5 days loan, then for sure any state that had a statute of obstacles is two years, the lender does no longer be waiting to sue in the event that they went lower back to whilst the deepest loan grew to become into first granted. It starts whilst the guy defaults or does not pay. Then the statute of obstacles starts to run from that date. and because it grew to become into created in Pennsylvania, i assume, they could haven't any difficulty getting jurisdiction over you, so it could in all possibility be 4 years. notwithstanding, given which you "the defendant" lives in NJ now, they could be waiting to workout jurisdiction over you in NJ, so it must be 6 years. yet that would appear like they're attempting to talk board save. yet despite in the event that they have been talk board paying for, that does no longer bar them from being waiting to sue you there, in the event that they are able to achieve this lawfully.
2016-12-18 10:29:27 · answer #3 · answered by ? 4 · 0⤊ 0⤋
State
(In years)
First line Oral
Second line Written
Third Line Promissory
Fourth Line Open-ended Accounts
AL
6
6
6
3
AR
5
5
5
3
AK
6
6
3
3
AZ
3
6
6
3
CA
2
4
4
4
CO
6
6
6
3
CT
3
6
6
6
DE
3
3
3
4
DC
3
3
3
3
FL
4
5
5
4
GA
4
6
6
4
HI
6
6
6
6
IA
5
10
5
5
ID
4
5
5
4
IL
5
10
10
5
IN
6
10
10
6
KS
3
5
5
3
KY
5
15
15
5
LA
10
10
10
3
ME
6
6
6
6
MD
3
3
6
3
MA
6
6
6
6
MI
6
6
6
6
MN
6
6
6
6
MS
3
3
3
3
MO
5
10
10
5
MT
3
8
8
5
NC
3
3
5
4
ND
6
6
6
6
NE
4
5
5
4
NH
3
3
6
3
NJ
6
6
6
6
NM
4
6
6
4
NV
4
6
3
4
NY
6
6
6
6
OH
6
15
15
6
OK
3
5
5
3
OR
6
6
6
6
PA
4
6
4
6
RI
10
10
6
4
SC
3
3
3
3
SD
6
6
6
6
TN
6
4
6
6
TX
4
4
4
4
UT
4
6
6
4
VA
3
6
6
3
VT
6
6
5
4
WA
3
6
6
3
WI
6
6
10
6
WV
5
15
6
4
WY
8
10
10
8
Why should you care about the Statute of Limitations (SOL)?
Every day, consumers pay off collection accounts and charge-offs which they do not have to pay off because the Statute of Limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.
This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember: the Statute of Limitations begins to run from the day the debt - or payment on an open-ended account - was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report. To view these credit reporting rules, click here.
Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, "I have an absolute defense--the Statute of Limitations has expired."
The Statute of Limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the Statute of Limitations expired, you will have a lost lawsuit and a judgment against you.
When does the Statute of Limitations start?
You might be asking yourself, "It has been such a long time since my "open account" has had any activity. When does my Statute of Limitations started ticking." Use your credit report as a reference. Your credit report will tell you the date of last activity for your account. You will have your credit report with the date of last activity and a certified letter stating that the statute of limitations expired.
Depending on what state you live in, if you make a partial payment, you could be postponing the Statute of Limitations' taking effect on your collection account or charge-off. A collector might call you one day and say you waived your rights when you made a deal with the collection agency. Do not take anything a collector tells you for granted. Make them prove it to you, in or out of court. For about half the population, the Statute of Limitations started ticking the day they made the last payment for their account.
What state should I use in figuring out the Statute of Limitations?
According to Ron Opher, of www.ron4law.com: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.
Summation:
Even though a debt is an absolute promise to pay, if the Statute of Limitations expiring is in force and the creditor tries to force you to pay the debt, you have the right not to fulfill the promise (debt).
2006-09-14 14:49:40 · answer #4 · answered by skyeblue 5 · 0⤊ 3⤋
The laws vary from state to state. If you are in California and assuming that you signed a credit application, the SL would be 4 years from the date of breach. Consult a local attorney for more information.
2006-09-14 16:58:00 · answer #5 · answered by Carl 7 · 0⤊ 0⤋
Levitz is (was or went in or came out of) bankrupt.
You purchased furniture from them and apparently did not pay them. Now someone wants their money back.
If you can prove that the suit has exceeded the statue of limitations, you win.
2006-09-14 14:37:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Why did they wait so long to sue you? Did you purchase the furniture with one of those "no payment until year 20xx" deal? If so, the clock does not start ticking until the time you are supposed to pay them, not the time of purchase.
2006-09-14 14:45:33 · answer #7 · answered by HW 4 · 0⤊ 0⤋