Preview

Consumer Debt

Good Essays
Open Document
Open Document
753 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Consumer Debt
Consumer Debt
Teiagie Torrence
FP101
November 22, 2012
Renee’ Tolbert

Do you know the laws and guidelines considering consumer debt for you state? If not, you might want to perform research and learn all about them. Consumer debt regulations vary from state to state along with the statute of limitations. As a resident of North Carolina, I learned a lot about consumer debt guidelines and the statute of limitation and how important it is to make sure I stay on top of the game when it comes to expiration of the statutory period. Statute of limitation is a law which places a time limit on pursuing a legal correction in relation to wrongful conduct. The statute of limitation is said to start running at the time a claim accrues. After the expectation of statutory period the injured person loses the right to file a lawsuit seeking money damages or other reliefs. Living in the state of North Carolina, the following periods represent a small sample of the statutory limitation period. * Fraud: 3 years * Libel/slander/defamation: 1 year * Product liability: 6 years * Contracts: 3 years
Once the time allowed for a case by a statute of limitations runs out, if a party raises it as a defense and that defense is accepted, any further litigation is foreclosed. However, most jurisdictions provide that limitations are tolled or delayed, under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists. North Carolina consumer debt laws are intended to safeguard citizens in commercial transactions and protect them from financial harm. There are four categories that debt falls into: (1) Oral Contracts, (2) Written Contracts, (3) Promissory Note, and (4) Open-ended accounts. It is important to know which type of debt you have occurs because the time limits differ for each type. * Oral Contracts are oral agreements that you make to pay back the money. This is a contract that includes no writing. The time



References: arson, A. (2004, July). North Carolina Statue of Limitations for Civil and Personal Injury Actions- An Overview. www.expertlaw.com. Retrieved November 22, 2012, from http://www.expertlaw.com/library/limitations_by_state/North_Carolina.htmlNorth Carolina Consumer Laws - FindLaw. (n.d.). State Laws - FindLaw. Retrieved from http://statelaws.findlaw.com/north-carolina-law/north-carolina-consumer-lawsStatue of Limitations on Debt-Collections, Debt Settlement, Debt Collection. (2012, July 6). Credit Repair - Free Credit Reports and Credit Counseling to Increase Your Credit Score and Settle Your Debts. Retrieved November 22, 2012, from http://www.creditinfocenter.com/rebuild/statuelimitations. shtml. |

You May Also Find These Documents Helpful

  • Good Essays

    Kuhn v. Shreeve was before the court to decide the controversy raised by a $700 mortgage that had been due in 1914. Considering the language of the 1949 amendment to § 55-2-5, the court stated: “for the purpose of this opinion, we can see no substantial difference” between the earlier iterations of the statute and the 1949 revision. The court went on to rule that the action to enforce the 1914 lien was not barred by § 55-2-5. The Legislature’s attempt to solve the problem of old—very old by this time—unreleased liens was thwarted and liens attaching before July 26, 1921 could still be enforced if there was evidence to rebut the presumption of payment. In 1971 § 55-2-5 was amended, but the statute of limitation language wasn’t touched. The pertinent language read as…

    • 513 Words
    • 3 Pages
    Good Essays
  • Good Essays

    R. V. Latimer Case Brief

    • 579 Words
    • 3 Pages

    expanded the sentence to 10 years. Mr. Latimer in the end advanced the case to the…

    • 579 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Business Law Q&A 5&8

    • 417 Words
    • 2 Pages

    Timothy retains Cynthia, an attorney, to bring a lawsuit upon a valid claim against Vincent. Recently enacted legislation has shortened the statute of limitations for this type of legal action. Cynthia fails to make herself aware of this new statute. Consequently, she files the complaint after the statute of limitations has run. As a result, the lawsuit is dismissed. What rights, if any, does Timothy have against Cynthia?…

    • 417 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Lemon Law

    • 488 Words
    • 2 Pages

    The North Carolina Lemon Law is a consumer protection law enacted to provide recourse after having purchased a defective vehicle. The North Carolina Lemon Law is similar to lemon laws in other states, but there are some differences.…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Siegligence Case Study

    • 758 Words
    • 4 Pages

    In this negligence case brought by a former tenant Rosetta Taylor, the Defendants Vista Views Leasing Properties Inc., d/b/a Park Bluff Apartments move for summary judgment on plaintiff’s claim of negligence and breach of duty. The defendants move for summary judgment based on an affirmative pleading of the defense of the statute of limitations. Tex. R. Civ. P. 94; Tex. Civ. Prac. & Rem. Code § 16.003(a) (West 2002). Defendants contend that the statute of limitations has run and bars any and all claims. Plaintiff contends that the statute of limitations has not run due to misnomer and misidentification that the statute of limitations is tolled and does not apply as any amended petition relates back to the date of the original petition. Defendant…

    • 758 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Bankruptcy Law - 1

    • 986 Words
    • 4 Pages

    A statute is a codification of a law passed by legislature enactment and approved and signed into law by the executive branch of the government. These statues serve as source for answering all bankruptcy questions in the Bankruptcy Code itself by plainly finding the right Code section. The Bankruptcy Code defines the rules that collect and distribute the assets to creditors in a bankruptcy proceeding. The Code is well indexed, to start researching any bankruptcy issue. Careful reading, analysis and interpretation are the most important instruments to carry out an effective research. At the end of each code section, there is “Historical and Revision Notes” that are helpful in explaining the meaning of a particular provision and also a valuable secondary source to locate answers to bankruptcy questions. The two primary sources in the law library for the U.S. Code in print are United States Code Annotated (USCA) which was published by Thomson West and United States Code Services (USCS) which was published by LexisNexis. Both the USCA and USCS provide and include annotations of cases and articles. The online Statues widely used are in the Cornell University Law School, Lll/Legal Information Institute.…

    • 986 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Statute Of Limitations

    • 419 Words
    • 2 Pages

    Note: This information is provided for you to learn about your rights regarding debt and credit. It is not meant for you to have a reason to avoid paying your debts, just because there is an SoL period on them. If you do owe a debt and have the financial means to pay…

    • 419 Words
    • 2 Pages
    Good Essays
  • Better Essays

    c. Common law rights are enforceable at any time subjected to the operation of a state or territory’s statute of limitations.…

    • 1553 Words
    • 7 Pages
    Better Essays
  • Good Essays

    473). The Statute of Limitations is a law that forbids that forbids prosecutors from charging someone that committed a crime a certain number of years ago. These statutes exist is to protect criminal defendants and to prevent the deterioration of evidence. In the United States each state has the right to set their own time specifications in regards to the Statute of Limitations enforced on sexually based crimes. For instance in Massachusetts cases involving sexual criminal acts have 6 years to 15 years to be prosecuted, the time depending on the severity of the case; for instance criminal acts involving minors have a much larger…

    • 1284 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The fourth step is to determine if the statute of limitations is ‘tolled’. This means to find out if certain circumstances exist that have helped in extending the window period.…

    • 507 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Getting Out of Debt

    • 281 Words
    • 2 Pages

    Initially, I would check to make sure that current accounts (those not in collections) have been paid. This would include cell phone bill, rent, car payment/insurance, utilities, health insurance, etc. After making sure that current accounts were updated, I would then focus on older accounts.…

    • 281 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In many instances, time is one of the critical matters, as in the early days, police and detectives are still working on building the case against you before they go to the prosecutors.…

    • 514 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Torts Notes

    • 3647 Words
    • 15 Pages

    * INTRODUCED Civil Law (Wrongs Act 2002). Civil Liability Act 2002 (NSW) Personal Injury (Liabilities and damages) NT.…

    • 3647 Words
    • 15 Pages
    Powerful Essays
  • Satisfactory Essays

    A) No. Since no return was filed, the statute of limitations never runs. But even if a return had been filed, the three-year period for the 2009 tax return would not expire Until April 15, 2012 (three years after the normal due date for filing).…

    • 367 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Student Debt

    • 621 Words
    • 3 Pages

    Studying at university can be an expensive experience, and for some young individuals, the first practice of dealing with financial responsibilities, and these can bring about student overdrafts, credit card fees and in general a lot of student debt. Is it possible to leave university with a degree, but still be in the black?…

    • 621 Words
    • 3 Pages
    Good Essays