Someone please answer this SOL ?

I was told the plaintiff can choose the state. I dunno what thread it is, but here is a helpful site:
http://www.faircreditmovement.org/statuteoflimitations.htm

 

As far as I know it is definitely the state your were living in at the time the account was created.

 

Erik,

Do you have a site we can read that backs that? Please say yes...

Kristy @ creditinfocenter told me they can choose

 

the FDCPA act allows them to sue you where you currently reside or where you signed the original contract for the debt,, exept utility services must be where you currently live, no where the service was provided,,, with that said,, I will check Conn civil procedures,, when the Plaintiff arrives in NY to sue you on a debt that the cause of action ( you blowing the bill off) occured in,, not where it was originally signed,, NY civil rules of procedure states that the SOL where the bill was blown off supercedes NYs 6 yrs,, so if you were in state with say a 4yrs SOL, the courts in NY have to use 4 yrs,, and if you were in one of the few states that has a longer SOL, then the Plaintiff must use NY sol,,

Is someone after you? or are you just looking to know if you have "leverage" in settling?

I will check CT civil rules,

lil

 

LOLLL In need to tell my buddys TUFF gong,, it will take me a while to find the exact bill in conn state leg, then I will post,, I had my own experience, where lawyers in NY didnt even know the answer, and I found it own my own,, the two laywers response,,, HEY we arent walking texts, great,, you found out,,

then I simply send a crr letter with the NYs statue, and said GOOD BYE,, never heard from them again,,,

yah the student loan game, disputes dates,, til you drop,, their a bizarre group, I knew I had to rehab to get rid of them once and for all,,, so I did 5 months ago,, the CA had different date than the US dept of ed, Sallie Mae, and the guarantor, all four had diff dates,,,,, well low and behold, I dont understand, but after 12 months they the dept of ed is to wipe the bad info out,, I pulled my Equifax credit on July 28, the baddie entries where there, last nite I pulled they are gone??? ha, but still on experian, but experian has all last updated dates 7/2002 not 8/2002 like equf,,,

will reply,,
tuff

 

I am going to reverse myself and say that they can sue you either in the state where you signed the contract or where you now reside.

"811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action."

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811


Also, the SOL starts the date the debt became delinquent. "date of harm".

 

man,,, conn has NOT friendly consumer laws, let alone not a user friendly lay out of legislation,, this much I know now, conn is not a cause of action state it a right of cause,, that means the SOL doesnt start the moment you are late,,, and never catch up,,, the 6 yr SOL starts when they finally demand full payment of the outstanding debt,, I have to keep looking, theres got to be a provision for conflict of law between the state and with out the state debt,,,,
I will keep reading on,,,,,,, ONE more important note,,,,,, Conn says the debt is reaffirmed for SOL if you acknowledge the debt,, even ORALLY,, not just by sending in a payment or signing an agreement to repay,,,,, so wait,,,, before you start contacting these people,, till I find out whats the deal with cause/right of action for debt occured w/o the state,,
what state did you say the debt occured? DC and Fla,,,, I will feel bad if conn doesnt have a provision like NY,,,,,,,, also,,, what kind of debt are we talking about,,,, and round about how much? are these goons after you? or do you just want to settle to get hopefully get the negs off the report,,,,,,

 

I believe they can use whichever SOL they choose.

Go over to www.cardreport.com and check out their boards.

WhyChat has a site with this info. Perhaps if he is lurking around here he can post the link for you.

Otherwise, go and read the other boards, that seems to be one of the most popular questions over there.

Myst

 

OK- Let's start with the simple part. They can sue you in Conn. and therefore the SOL would be Conn. 6 year.
The various State's that have "long -arm" statutes dealing with out of State SOL's with shorter terms than the in-State SOL's have them as an exception to their long-arm rules, which are not valid for CC accounts or other personal debts covered by the FDCPA as the Fed. laws pre-empt State long-arm-rules. As to the resettng the SOL by maing a payment or promising to make one, this has to do with written closed end contracts, not open-end contracts. Most States require written agreements to "re-age" a cc debt, and many whose SOL's start with a last transaction date (with the OC) even have criminal penalties for fraudulent re-agng and suing.So, the short answer is , lie low,wait the full 6 years, keep all your accounts and bills and reports.