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My husband co-signed an education loan with his ex before he met me back in 2003 in Pennsylvania. His ex hasn't paid in quite some time and now the company is going after us. Does anyone know what the Statute of Limitations is in PA for this? This account has been delinquent since 2005. Does anyone know anything about if the person paid the loan for over 2 years - doesn't that wipe the co-signer off from having to pay back the debt? Also, does anyone know anything about the account now being in charge off? Thank you so much!!
In Pennsylvania, the Statute of Limitation for all types of debt is 4 years. If your husband has made his last payment towards the debt in 2005, then the creditor can still sue him to recover the debt as the SOL on the debt has not yet expired. Co-signing a loan agreement automatically mean that if the actual creditor fail to pay off the debt, the co-signer is obligated to pay it off and if the cosigner do not pay it off, his credit report will reflect the outstanding debt amount.
A creditor charges off an account if he considers it as a bad debt. However, if your account is charged off, you should never consider that you are not required to pay back the debt. Even if your account is charged off, there are chances that the creditor or the collection agency (to whom your debt has been sold by the creditor) will sue you to the court and bring judgment against you. So if you find that your account is charged off, you should first ask for debt validation and then come to a settlement plan to repay the debt.
Here is a question for whom ever can answer it: If the co-signer is sued can they then go to court and sue the other person for the debt? This debt is definatley not past the SOL but if the co-signer is not aware that the payments were so far behind how can they make them? Surely if the ex has to pay for the loan they can then take the other back to court and maybe get reimbursed since it was not their education.
If you have co-signed a loan agreement, you need to repay it off if the original creditor has not paid it back and if you do not repay it back, it will reflect in your credit report and the creditor can even bring judgment against you to recover the debt. Now, you can sue the original debtor to the court for paying the debt and if the original debtor has no income to repay the debt, you have to repay it off. Even if the original borrower fails to appear on the court date, you need to pay off the outstanding debt amount if you have the income to repay.
In PA you can not have your wages attached or I should say "garnished" for this. The only thing they can garnish for in this state is taxes and child support. However you will need to do something to keep it from messing up your score (your hubby's) Maybe you can come to some type of agreement before this goes to court or present your case once you get there. The judge presiding over the issue may even tell you what options you have to get the money paid back to you. Good Luck.
water company
water company in state of PA is now billng customers for water usage (back billing) from 2007 that was never paid by customer. The company changed billing companies. The new biller started everybody out with no previous balance. Now old biller is trying to recope the money. Also threatening to terminate water for there billing mistake. How many years can a utility company back bill there customers?
water bill
Hi Jane,
As far as I know, the rule on utility bills at Pennsylvania, states that previously unbilled utility bills can be collected only up to 4 years.
Hope this helps.
Regards,
Aaron
whatever happened to fedup? the sol is expired now
PA water company and 20 year old bills
My parents own a 4 unit apt. building in a small town in western PA and they are now in their 80's. The town's water company got a new manager, and now they are being told that they owe $ from old tenants from 15 to 20+ years ago, and they were never previously billed for these. (the tenants are now deceased) The water company employee is rude, demeaning, and abusive to my mother, and threatens to shut off the water at the next tenant switch if they do not pay the $1000+ that they say is owed. My dad is losing sleep. Even though the SOL is to be 4 years, can they still deny the next tenant water if the old bills are not paid?
Pennsylvania Statute of Limitations
Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
I would call the attorney general immediately. Send a Cease and Desist letter immediately.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A. .§3118).
There is no way your parents still are liable for this.
It seems unlikely that this is even the water company that is actually calling. Are you sure it isn't a Collection Agent?
PA water company and 20 year old bills
Dear cinnammgrl, thank you for the quick reply. Yes, positive it is the utility co...my mother was there in person for one of the discussions in which she was insulted. (she is a sweet little lady, and is afraid to "make trouble")
They never got a written bill.
They asked for a bill two weeks ago, and were told that since they were told once on the phone, that was enough, and that they "bothered" the water co. too much. Also told mom that one woman's "skin crawled" when she had to talk to my mom. Threatened to turn off water.
They asked for an "itemized by renter" bill last Thursday, and the co. said okay, but it did not come yet. We will be following your suggestion and calling. Thank you.
how is the water authority organized? is it city or county? I would contact the Attorney General. if there is some exemption to the SOL, the AG will explain it, politely.
this is government, so call someone they voted for. a mayor or city councilor. And VERIFY that this is the utility. there are a lot of scammers out there.
PA water co and 20 year old bills
Talked to the PA Attorney General's office and they told me there is no SOL on a water bill.
I have to go through the PUC and file a complaint as to no written bill.
I will keep trying.
2. Previously unbilled utility service.
The ''make-up'' bill rules at § 56.14 address the procedures to be used when a utility bills for previously unbilled service resulting from a billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills. We propose incorporating into this section a four-year limit on such billings. This four-year statute of limitations reflects the same time restrictions found in other sections of the regulations; § 56.35 for example; and the record maintenance requirements found at § 56.202. In addition, this would reflect the four-year limit found at 66 Pa.C.S.A. § 1312.
Also concerning § 56.14, we propose maintaining the obligation of a utility to offer a payment schedule based on previously unbilled utility service. Since this section involves charges that were not previously billed and are not overdue, we see no conflict with the limitations on the number of payment agreements found in Chapter 14 at § 1405(d).
Call the Attorney General Back! this website seems to indicate that utilities are 4 years. ask where the law says no SOL
how much is the bill? would it worth getting an attorney? Call someone elected. I have seems some other postings with people getting ancient PA water bills.
http://www.pabulletin.com/secure/data/vol36/36-50/2453.html
BACK IN 2000 MY NOW EX HUSBAND TOOK OUT BUSINESS LINES OF CREDIT THROUGH A BANK THAT NO LONGER EXISTS. BACK IN 2003 I RECEIVED INFO THAT THERE WERE DEFAULT PAYMENTS.. I SENT TO THE BANK MANAGER A COPY OF MY DIVORCE DECREE THAT I WAS NOT RESPONSIBLE FOR HIS COMPANY HAD NEVER BEEN NAMED ON THE COMPANY OR ON ANY OF HIS ACCOUNTS. (THE MONEY HE TOOK WAS PUT SOLELY INTO AN ACCOUNT WHICH I WAS NOT ON.) SO HE WAS SOLE OWNER AND TOOK ALL THE ASSETS AS WELL AS DEBITS INVOLVING IN ANY LOANS TAXES ETC THAT HE MADE. I NEVER HEARD ANOTHER WORD UNTIL A WEEK AGO WHEN MY ACCOUNTS AND MY KIDS CDS FROM MY GRANDFATHER WERE FROZEN. THIS IS OCT 2011. MY EX HUSBAND TOLD ME THIS BANK HAD HIM IN AND OUT OF THE BUTLER COURT HOUSE IN 2003 WHICH I NEVER HAD ANY INVOLVEMENT WITH. HE FILED BANKRUPTCY I THINK IN THE LAST 2 T 3 YEARS AND NAMED THAT DEBIT AS ONE THAT WAS ACCORDING TO HIM RELEASED. WELL THESE PAPERS CAME TO MY HOUSE WITH BOTH OUR NAMES. BUT SINCE I AM THE ONLY ONE WITH BANK ACCOUNTS, CHECKING ETC. ME AND MY CHILDREN ARE THE ONES SUFFERING. THE CDS WERE IN TRUST FOR MY MINOR CHILDREN AND THEY LEVIED THEM AS WELL. IS THERE A SOL ON THIS SITUATION? MY EX IS TAKING NO RESPONSIBILITY FOR HIS
DEBT. HE STATED IT WAS OFF HIM HE FILED BANKRUPT. I AM VERY ANGRY TO SAY THE LEAST THAT I MIGHT BE RESPONSIBLE FOR MONEY I NEVER TOUCHED. THE CRAZY THING IS HE STILL HOLDS THE SAME BUSINESS. I HAVE CALLED 7 LAWYERS AND SPOKE WITH 2 THE ONE ONLY SAID I HAVE TO FILE BANKRUPT TOO. I THINK ITS CRAZY TO RUIN MY CREDIT AND LIVE LIKE THAT WHEN I HAVE WORKED SO HARD TO MAINTAIN GOOD CREDIT. I DON'T THINK THIS IS AN OPTION FOR ME. BUT I DON'T WANT MY KIDS TO LOOSE THE MONEY THAT WAS INTENDED FOR THEM EITHER.I AM LOOKING AT THE PAPERS THAT SAY THERE WAS CREDIT FOR A PAYMENT ON 9/2/2005 WHICH I AM TOTALLY POSITIVELY SURE THAT WAS NOT AND WOULD NEVER BE ME! I WOULD NEVER PAY A PAYMENT TO HIS DEBIT. I THINK THERE IS FRAUD GOING ON. ADVISE PLEASE.
Update on Cosigner Loan
My husband and I are still battling the charge off because it was brought to our attention that payments were made on the account for 4 years following the loan origination. The payments that were made left a minimal balance on the account and my husband was supposed to be taken off as co-signer because of this. To date, this has not happened and the credit bureaus all have different dates for when the charge off is coming off his credit report. It is still an ongoing battle. My advice to anyone is never ever co-sign for anyone!
credit
'Fedupwith co-signer loan'....do you have documentation that states your husband's name would be taken off this loan? Can you explain what company/lender you have a 'charge-off' with?