Statute of Limitations (SOL)

Discussion in 'Credit Talk' started by samsun22, Jan 7, 2014.

  1. samsun22

    samsun22 Member

    thanks in advance for your time,

    ive a qstion on SOL. i was living in nevada where sol is 4 years and jus moved out to a diff state where its 5 now if i am using SOL on CAs which would matter? thanks again
     
  2. mindcrime

    mindcrime Well-Known Member

    It's based on the state where the debt was incurred unless the contract you signed had otherwise specific language. You don't need to tell the CA you moved, FYI.
     
  3. jam237

    jam237 Well-Known Member

    The caveat, is if you moved BEFORE the SOL expired. If you moved out-of-state BEFORE the SOL expired, then the SOL just sits there waiting to restart.
     
  4. samsun22

    samsun22 Member


    all 6 of the accounts in coll have had a last payment sometime in fall of 08 and they all come off records starting fall 14 to spring 15 as said in EXP report. do you think i should go to CRAs and ask them to remove those entries as they all crossed SOL time an year ago? or should i ask for DV?

    thanks a lot
     
  5. mindcrime

    mindcrime Well-Known Member

    IF DOFDs were mid 2008, then the natural drop off date is mid 2015. You're way too early in disputing as obsolete. The reporting SOL is 7 years, this is different from your states SOL.
     
  6. mindcrime

    mindcrime Well-Known Member

    Yeah, just don't move back ;)

    Jam: I understood it that it's tolled where it left off, so for ex 3 years into 4, consumer moves away, comes back, it then picks up at the 3 year mark? Is this wrong?
     
  7. samsun22

    samsun22 Member

    ok, this is getting interesting...

    i lived in state A and opened cards there in 2005 i moved out of the state to state B in may 2008 , then state C in june 2008 and moved back to state A in sep 2008. my dofds for my cards range btn aug 08 to nov 08. if i go with the A sol they expired in aug 2012 to nov 2012. if i go with b sol its 2013 and C - its also 2013..... now im super confused... sol originates from state opened or defaulted?
     
  8. samsun22

    samsun22 Member

    oh i just moved to state B las month
     
  9. mechanicw

    mechanicw Well-Known Member

    SoL is about the ability to be sued and have them come after you totally differnt from dropping off ur report.
     
  10. jam237

    jam237 Well-Known Member

    Mindcrime:

    Yes, SOL is tolled where it is at so if you live in State A until the day before the SOL would expire, they would be able to sue you until the day AFTER you move back to that state.

    As soon as you moved out of the state in 2008, you froze the SOL until you returned to the state 6 months later. The good news is that you only tolled the SOL by 6 months, so you would add 6 months to the month of the DoFD to get when the SOL should have expired.
     

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