Sol

The SOL for the State you are SUED in starts when THAT State's Code of Civil Procedure says it does. Most States start at first delinquency. Some start at last charge or payment on an ACTIVE account, a few count from when you made ANY payment on the account to anyone.You can be sued EITHER in the State you signed in, OR in your present State,(but you have to be legally served and can request change of venue) The SOL defense is a DEFENSE when youare sued,it does NOT prevent them from filing.(I am assuming this is a credit card account,if not, then it's another whole ball of wax)

 

The SOL is only a defense to be used if you are sued for the debt. You can not "push" the SOL on the CA or OC because they can collect until it is paid. They can even sue you after the SOL...you must raise the SOL as a defense if that happens.

So for instance, if they try and "push" a judgement through in your original state, you would have to petition the court to have the case moved to the state you live now, or if it is past the SOL, notify the court in the state the CA or OC sues you and raise the SOL as a defense.

-Peace, Dave

 

if they haven't validated, it is time to push for deletion or file a lawsuit.

 

I've sent many validation requests to the OC and that CA and none have provided any documentation.

I completely agree with Diva send the Estoppel and demand they remove the listing or "suffer the consequences"

-Peace, Dave

 

It is really far easier than you would believe. All you have to do is go to the state courthouse and pick up the papers. While you are there ask the clerk what you NEED to fill in and what it will cost (won't be much $ either). Also ask if they have any leaflets or info that describes the whole process, they probably do. Then, fill out the information and bring it back to the courthouse with the filing fee and they will give you information on how the defendant gets served (you can do it, you can pay a service to do it, or some states they will serve the defendant for you for a small fee). And voila, you are done.

See the Board FAQ for some pre court related information, and Lizardking's template.

If you do not want to be bothered going to court, you can contact the defendant and send them copies of the papers you filed OR EVEN copies of the filled out paperwork BEFORE you file (Hint Hint) with a settlement offer...delete the erroneous listing, and I will drop the suit.

Simple.

-Peace, Dave