So, I just found this site, and I'm admittedly a newbie. I've read the faqs at least once (and will keep reading until I really understand some of this stuff - promise) but I'm not seeing the answer to this. Oh yes, I've searched, as well - perhaps I'm not searching with the right keywords, but I haven't found an explanation of this yet. So ... how does the SOL apply when you move from state to state? Example: I've lived in California for the past many years. In that time, due to a debilitating illness on my wife's part, I've acquired a bit of debt, and only recently learned that Cali has a SOL for most debt types of 3 years. Most of these old debts are three years or more - so great, I probably have a 'past SOL' argument I can take to dispute these on my credit report. Except. I recently moved to Colorado, where the SOL is 6 years. So, does the SOL of my residence apply? The SOL where the debt was incurred? Or the SOL where the CA is located (many of them are located in California - but not all). Many thanks.
Unfortunately once you move from a state that has a 3 year SOL to a state where it is more, you are stuck with the new state's period - if the collection goons find out where you live.
This is where I was confused. Because I was sure a lawyer had told me that: where the consumer lived when the credit was applied for or really when it was approved (where they lived when the contact took effect) and/or where they lived when a debt account was last active - that is what determines the SOL that applies. So this is totally inaccurate? One thing I have been trying to get clear about for my own situation/questions.
Dumb Bob jumping in, not convinced. I'd love to see some case law on this. I'd really like to see some reference to the Restatement.
I checked the Idaho laws and it honors the other states sol.In other words if the state you move from is 6 years and you move after 4 years,you still have 2 years left in idaho which sol is 4 years.So i would think it varies from state to state.I hope this help's.
When we moved to id from nev.We checked with the ag office and they said we were still under nev cosumer law until the sol in that state runs out.Any thing we did in id was under id law.
