I am in desperate need of help in figuring the SOL on this TL. I recently moved back to Kansas, so the Kansas SOL is what I need help with. 2/14/98 - Got a Credit Card from a bank secured with a 24 month CD. In September 98, hard times hit and I quit making payments. Started the credit repair journey in Sept 03. Requested validation and disputed this debt. OC responded and included letters they had tried to send to me, but I never got. (they had a old address) One letter dated 10/15/98 saying I was late on my payment. If I paid the amount due ($201) I could continue with the contract, if not paid by 11/4/98, they would exercise their rights under the law. Jump to validation request - recieve letter saying - Feb 25, 99 - VISA obligation was "charged off" due to default. CD redeemed on March 23, 1999 in amount of $1035.61, applied to balance of $1160.94. As of March 23, 1999 balance due of $125.33, interest accruing at 18% per annum. Current payoff is $226.14. (My Credit report now says $125.00) They then demand payment. What is the SOL for Kansas for this? Is it past the SOL? I have recently moved but found out today that they are trying to serve me at my old address. If the SOL is up, do I let them find me and go to court arguing expired SOL? If the SOL is not up, do I contact them again and try to settle?
That would mean the SOL is up. Should I contact them and let them know that I know that or wait for them to find me and go to court?
Leave it alone and relax untill you are served. You'll need to appear in court if you are serves, and assert the fact that the debt is past the SOL for your state. The judge will not rule in the creditor's favor past the SOL. I am finding it desperate of the OC to file suit for a $200 and change debt. It's not worth thier lawyer's time. Besides, it was not a total debt; they had a security deposit and the balance is probably ALL fees. What a bunch of dipsh**s! Filing a lawsuit to collect on unpaid finance charges and late fees LOL
1*That would mean the SOL is up. 2*I recently moved back to Kansas, so the Kansas SOL is what I need help with. 3*I have recently moved but found out today that they are trying to serve me at my old address gmaof1 4*Should I wait for them to find me and go to court? gmaof1 ****************************************** 1*It may not be up in your case. 2*This may have caused the Sol to TOL there for the sol may not be up yet. 3*If they go to court and you don't they will get a default judgment against you. As you said in # 3 above: if they sue you and they serve the summons to this address they will go to court and you won't because you were never of aware of the suit. --------------->>
Oh that's right ...since you left the state of Kansas, the SOL clock may have actually QUIT ticking there, waiting for you to return. Read up on tolling in your state statutes. It can extend the SOL. I know that Ohio is like that and I have a similar situation.
If you use the SOL defense and they want to meet it with the assertion that you were out of state for some period, that's their issue to raise ... you needn't raise it. Your state may not even toll the statute of limitations while you're out of state. All these laws vary. As for service, if they can't serve you within a certain amount of time, the court may dismiss the case. But they may have the option of using substituted service on the secretary of state prior to that happening. If you use DV, the Spears case means they shouldn't move the case forward unless and until they validate.
I have searched and searched and can not find anything that helps me determine if Kansas uses the tolling laws. Anyone know?
Re: Re: HELP! - on SOL Did you look here? WhyChats statute of limitations http://community-2.webtv.net/Y-chat/WhyChatsCredit/ http://community-2.webtv.net/Y-chat/WhyChatsCredit/ statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""''' """""""""""""""""""""
Re: Re: HELP! - on SOL Went through all of those and found nothing. Anyone know anything about Kansas?
Re: Re: HELP! - on SOL Kansas Statute No. 60-517 60-517 Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS 60-517. When defendant out of state. If when a cause of action accrues against a person he or she be out of the state, or has absconded or concealed himself or herself, the period limited for the commencement of the action shall not begin to run until such person comes into the state, or while he or she is so absconded or concealed, and if after the cause of action accrues he or she depart from the state, or abscond or conceal himself or herself, the time of the absence or concealment shall not be computed as any part of the period within which the action must be brought. This section shall not apply to extend the period of limitation as to any defendant whose whereabouts are known and upon whom service of summons can be effected under the provisions of article 3 of this chapter. History: L. 1963, ch. 303, 60-517; Jan. 1, 1964.
Re: Re: Re: HELP! - on SOL So they do Toll unless it's known where you are during the time you're out of stste correct? Aim I reading this right?
