SOL - which state takes precedance?

Discussion in 'Credit Talk' started by ltlmccomas, Feb 1, 2007.

  1. ltlmccomas

    ltlmccomas Active Member

    I have debt incurred in California in collections. The statute of limitations there is 4 years for writtten contracts. I now live in Montana where the SOL on written contracts is 8 years. Can I dispute the debts as being past the SOL and get them removed from my credit report? Or will the SOL in Montana bind me? Thank you.
     
  2. mmsgrv

    mmsgrv Member

    CA can go choose either where the debt was incurred or where the debtor lives. Also make sure you are clear on weather or not Cali has tolling exclusions to thier statutes
     
  3. ontrack

    ontrack Well-Known Member

    Removal from credit report is different from SOL.

    Credit reporting is limited, by FCRA, to 7.5 years.
    SOL is a defense you raise against being sued.

    Did California SOL pass before you left the state?
    If so, that might mean they can't apply the new state's SOL, but you would want to check with an attorney.
     

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