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The Statute Of Limitations, also r ferred to as SOL, can mean a lot of th ngs to different people, even when th y are referring to SOL as it pplies to the credit industry. Many p ople get the Statute Of Limitations c nfused with the reporting period. Here's how to k ep the two terms clear in y ur mind. It can make the d fference in winning or losing a l wsuit over an unpaid debt. The r porting period is defined in the F irness in Credit Reporting Act (FCRA). It is the t me that negative items can stay on a r port. This is usually not longer th n 7 years from the date it was ch rged off, or 7.5 years from the D te of First Delinquency. The Statute Of L mitations (SOL) has ABSOLUTELY NOTHING to do w th how long a debt is l sted on your credit report. The SOL is g verned by the laws of YOUR STATE and d ffers from state to state. Refer to y ur state's statutes for what the l mit is in your state. Also, you sh uld look up the statute for the st te in which you signed the l an contract. That state's SOL could be sed against you in a lawsuit. SOL is the mount of time a collection agency or riginal creditor can sue you over a d bt -- successfully. If you find y urself in a lawsuit over an npaid debt, the creditor has the pper hand even after the SOL has p ssed. The SOL is also known as an ' ffirmative defense'. This means that the j dge doesn't automatically dismiss the suite b cause the creditor filed it after the SOL p ssed. You, the Defendant, have to use SOL as a d fense. You must prove that the cr ditor or collections agency is suing fter the Statute Of Limitations has p ssed.
Here's how to calculate the SOL: 1. T ke the date you last made a p yment and add 6 months to th s date. 2. Add the number of y ars of the statute of limitations in y ur state. Example: You last stopped p ying on a credit card on M rch 15, 2002. The statute of l mitations for credit cards in your st te is 6 years. You can use the SOL as a d fense from a creditor if you are s ed after September 15, 2008 calculated l ke this: March 15, 2002 + 6 m nths = September 15, 2002. 6 Y ars + September 15, 2002 = S ptember 15, 2008 Therefore, a creditor c nnot sue you for this debt fter September 15, 2008. Your credit is an xtraordinarily powerful piece of your financial t olkit. Understanding the laws that protect you can end up s ving you from paying unnecessarily on d bts that have passed the Statute Of L mitations. Do not let debt collectors b lly you into paying something just b cause they sue you. Stand up for y ur rights or hire an attorney to st nd up for you.
The article Understanding Your Credit Report Tip - Statute of Limitations(SOL) Vs Reporting Period was Submitted by Kathleen Rieger through Articles.GetACoder.com network. Here's the additional information: Kathleen Rieger is a member of the Int rnational Association of Privacy Professionals and she is a C rtified Identity Theft Risk Management Specialist. She has pr vided credit repair guidance for problems s ch as bankruptcies, judgments, student loans, d linquent debts and much more. She has b en a guest speaker at local ch rches, schools, Fortune 100 companies, and l cal and national radio shows. She is not an ttorney and this information should not be c nsidered legal advice. Please consult an ttorney for legal advice. You can f nd out more free tips like th s by enrolling in her Free nline credit repair seminar at http://www.creditrejuvenation.com
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