Sol ?

Discussion in 'Credit Talk' started by fccpol, Feb 2, 2004.

  1. fccpol

    fccpol Member

    Does the SOL apply where u opened the account or where you live now?
     
  2. jam237

    jam237 Well-Known Member

    Either, or, and both...

    Technically, the SOL for your current location is used because, even if they sue you in another location, as long as that location is allowed by the FDCPA, they will need to file against you locally to enforce the judgement.

    Since *MOST* companies don't want to have to pay out two sets of court costs, they'll want to sue in your current location so that they don't have to have a second suit.

    However, if they know that the SOL expired in your current location, and not in another location allowed by the FDCPA, they *MAY* file against you in that location, and then have that judgment enforced locally.

    The key to remember is that the SOL in most cases only means that you have a defense, IF they sue you, it is normally not the end all.
     
  3. SillyLilly

    SillyLilly Well-Known Member

    Can you explain that in dummy-speak, please? If they serve a summons, can you answer it with SOL expired? If so, would that not end it there?
     
  4. GEORGE

    GEORGE Well-Known Member

    Re: Re: Sol ?

    "IN COURT" YOU SAY "SOL"...JUDGE SAYS "DISMISSED--NEXT CASE"
     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Sol ?

    Can you explain that in dummy-speak, please?
    1* If they serve a summons, can you answer it with SOL expired?
    2*If so, would that not end it there?
    SillyLilly
    ====================
    *Yes
    2*If it still goes to court you have to appear in court or they will get a D Fault Juidgment.
     

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