....and I need HELP!!! Hopefully someone can point me in the right direction. Okay this is a portion of the article that got me started: http://www.fair-debt-collection.com/statue-limitations-explained.html The term â??tollâ? or â??tolledâ? is used in almost all statute of limitations rules and means to "stop the running of a statutory period for a certain period of time". For example, lets say that you live in Florida where the statute of limitations on credit card debt is 4 years and you have a card that has not been paid in two years, leaving just 2 years before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida. Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again. The same applies if you make a payment. Thus, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the remaining 2 year statutory period begins running again. In some cases, making a payment, a promise to pay or just acknowledging the debt is valid, can reset or restart the limitations, especially for credit cards, mortgage payments, auto loans and so forth. Obviously, I want to find out how tolling of the SOL effects ME.....it's all about me, me, me! LOL! We moved from MO (5 yr. SOL on open accts.) to GA (4yr. SOL on open accts.) a year ago. All of our debt that has been charged-off was prior to our move - all 4 to 5 y.o. This is the only action on our part that could possibly toll the SOL on these debts. I've got an online copy of the GA codes, but can't find anything on tolling. I just want to cover all my bases. Can anyone point me in the right direction?
The information on the site you quoted is inaccurate. There is NO provision for "tolling" the SOL on a consumer debt in ANY State (except Ark.) by simply paying on an account, and even in Ark. it only refers to a written contract installment account. On credit card debts, the only way to LEGALLY "toll"the SOL is if you are in Ch13 BKm which is then dismissed(for the time you were in CH13), or are unavailable for service by virtue of being incapacitated or hospitalized in intensive care, or on active military duty. If you are in Ga. and within the 4 year SOL for credit card debt,and are sued in Ga. the 4 year SOL will apply. If, after a year you move back to Mo.there is NO TOLLING of your SOL.
Thanks, WhyChat! I've been looking and looking and didn't find anything in MO or GA code on "tolling" in regard to SOL on debt. I appreciate the clarification.
