I've seen a lot of references (here and elsewhere) to exactly when the SOL (for legal action) begins. I've heard that it starts the day after the last payment was made; I've heard that it starts the day after the last payment was due; and I've heard that it starts six months after the last payment was due. I envision being in court and using SOL as an affirmative defense, only to have the JDB's lawyer argue that SOL "began six months after the last payment was received". I realize the answer varies from state to state, but where should I go to find some definitive citation or case history that would back up my claim? Obviously, I want the SOL to start as early as possible. I've been Googling like mad and I can't find anything solid. And my state's code doesn't specify the start date, just the end term. In a related note, I'm curious to hear the board's opinions on this one: I made a full payment in Feb 2005. Due to several months of missed payments, the minimum payment due in May 2005 was $800. In June 2005, I sent a payment of $300. The account was already delinquent in May 2005, and still in June 2005; that $300 payment was not enough to make it "current". I am assuming that June's payment effectively started the SOL, even though it wasn't enough to make the account current -- am I correct?
You have to look to your state's law. Every state is different, although I never heard of a state that had a SOL that started six months after an event. The six months figures into the reporting period. In some states, making a payment after delinquency resets the SOL. In some states it doesn't. So the only way to know definitively is to consult the laws of your state.
