I recall reading somewhere that a SOL had a "grace period" of several months. Is this true? For example, let's say that my last payment on a credit card was on June 20, 2008. My next payment (which I never sent) was due on July 20, 2008. And let's say that both the "choice of law" state and my home state have a three-year SOL. Does that mean that my last day to be sued is July 20, 2011? So on July 21, 2011, the creditor is SOL (pun intended)?
More or less right. They have until 2011 to sue you. But they will hound you, hassle and threaten you, add on more interest and fees and sue you before the 3 year period runs out.
While the sol might be up,it wouldn't stop them from filing suit in a local court who is not that up to date or care about federal law.
Not to nitpick, but this is exactly how I'm seeing ambiguous answers in multiple places: When you say "until 2011", do you mean "until July 21, 2011" or "until the end of 2011"?
Well, the SOL is a state law here, not federal. And I think at that point, I'd just appeal to a higher state court. I'm not so much concerned about FDCPA violations as I am about knowing an absolute end date when I can send them a C&D and/or make a ridiculous settlement offer.
Most states do have a sol some states have a choice of law where they can sue you under the state their sol might be longer.If you didn't make the july payment then i believe the clock start's then dofd.because it's a state law doesn't prevent them from trying.So you could wait 6 months after july to tell them to bite the big one
Yeah, I guess what I'm looking for is someone who has successfully defended using a SOL defense and who could tell me how long had passed between the lapsing of the SOL and the suit. Logic would dictate that the SOL runs by the day, so one day after the three-year period means that it is one day outside of SOL. However, I've heard information to the contrary, so I'm just gathering experience and/or looking for opinions as to when I can send this letter: Dear CA, Kindly go perform a sex act on yourself at your earliest possible convenience. Sincerely, Me
