Someone please answer this SOL ?

sadly so Why chat is correct, I was reading over conn civil rules of procedure SOLs,,, I found nothing about out of state occured debt, like NY has,, the re affirming the debt part goes along with Installment accts, so the question again is,, is ATT and the bill "installment",,, anyway,,, I posted a while ago, and asked has anyone out there ever really been sued By OSI ? not one case,,,,, I havent ever read anything about the the cable CA,, but OSI, I would risk it and take them on,, I said I was reading though debtor laws,, but WOW conn is really tough on Credit agencies, if they violate any of the extra debt collections laws conn has added on to fed laws, they can ( yah who) anyway fine and up to one yr in jail for each offense, HA, read read, get the knowledge , and start in with OSI, I bet hey wont answer your Validation requests,,

 

As far as I know-Student Loans are in a class by themselves in tems of reporting and collecting,I defer on that subject to those who are better versed in it.
By the way, Conn. IS a "Cause of Action" State, the reference a prior poster made to when the full amount was asked for being the "starting date" referred to demand notes.
Here are the Conn. statutes for you, I have them on my website also, I have ** some interesting rules that will help you "after SOL"
52-576. Actions for account or on simple or implied contracts. (a) No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues, except as provided in subsection (b) of this section.
(b) Any person legally incapable of bringing any such action at the accruing of the right of action may sue at any time within three years after becoming legally capable of bringing the action.
(c) The provisions of this section shall not apply to actions upon judgments of any court of the United States or of any court of any state within the United States, or to any cause of action governed by article 2 of title 42a.
(1949 Rev., S. 8315; 1959, P.A. 574, S. 8; 1971, P.A. 18, S. 1; P.A. 82-160, S. 246.)
History: 1959 act deleted exception for nonnegotiable promissory notes and added provision re article 2 of title 42a; 1971 act referred to any "contract in writing" rather than to "any contract in writing not under seal"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 17b-122 re reimbursement of town by pauper.
The statute of limitations does not apply to continuing trusts. 33 C. 76; 102 C. 302; 104 C. 189. It applies to collecting agents.*** 32 C. 540. A book debt, if not recoverable in an action of book debt, by reason of this statute, is not recoverable at all; 5 C. 342; unless there has been a new accounting.*** 6 C. 248. Where action at law is barred, one in equity will generally be also. 32 C. 538.

 

ok let me go find it again,, and Ill find the,, once you go to the conn leg site, youll know what I mean about not user friendly,, I try to read everything I can, then call a lawyer, and ask, ( if they arent an ass they will answer on the phone) my case was after reading so much, I was scared I was still in SOL for a phone bill in NY when it occured down south,, I called this lawyer, and he said, they arent gonna sue you in NY, I said, well yes they can, he said, no they wont, then I found the NYs law on out of state occured debt, I ask why chat to make sure I was interper,, it correct, then called the lawyer back, and he said, yah I told you, they arent gonna come to NY, they would done it down south, if they tried and you answered the court, because of what you just read me, it would be dismissed, and he also told me, and a lawyer down south, phone bills are tough to sue on if the person answers the court,,,,, so I ll go find the link,,,,,

 

http://www.ctlegalguide.com/resources/statefederal.html

its under general stats,,, ch 926... here are just a few abbrevations, I wish I could read the complete passages, but they are confusing when it comes to what the hell exactly reaffirms.

Statutes assume cause and right of action, and do not apply till they occur; breach of agreement to pay for services rendered decedent by provision in will. 82 C. 647; 83 C. 34; 96 C. 385.

**Statutes of limitation of forum apply unless foreign limitation statute is condition of right of action under foreign law. 131 C. 670; id., 674.
( this caught my eye, I wish I had definition in laymans terms for this)

Acknowledgment or new promise. An acknowledgment of a debt as just and subsisting is sufficient; 3 C. 133; 9 C. 501; 29 C.

An express promise to pay debt is not essential to remove the bar. 41 C. 564. Revival by general acknowledgment; implied from silence or acquiescence. 108 C. 271. No implied promise if acknowledgment is accompanied by expressions indicating debtor did not intend to pay. 128 C. 400. Promise to pay "as soon as possible" held sufficient acknowledgment. 48 C. 142; 104 C. 315; 120 C. 228; 132 C. 399. A written acknowledgment under seal will not extend the term for seventeen rather than for six years. 54 C. 527. Promise to pay in installments takes case out of statute.

. New promise should be pleaded in reply to answer setting up statute. 84 C. 137. +++Defense of statute of limitations is not proper matter for a plea to jurisdiction. 114 C. 732.
Cited. 44 CS 207, 211, 212.++++

++++ caught my attention,,

 

I do not believe that taking statutes that relate to one section and are referenced in that section,(as your references are to real property and collateral loans sections) and applying it to other sections. It is too easy to find what you want to find in statutes and codes and ignore the stuff you don't like.Just out of curiosity, was your NY case dismissed with prejuidice?

 

thats the trouble I said with the site I was reading, all is just endlessly written on and on,, I dont know which stat applies to which, it just runs on and on, perhaps the poster can find a better formatted site, their never was a lawsuit against me in NY, I just prepared incase there would be one in the future, from my own paroid state after reading stories,, and called a few lawyers to interprete that clause of out of state cause of action SOLs and NYS Sol,, thats all,,

 

I do not doubt the thoroughness of your research into the exeptions in NY law to the "long-arm-statutes"
However, I am inclined to think your answer from the lawyer you called might have had more to do with the laws prohibiting utility claims for overdue payments being filed in a different State than they were incurred.

 

Whay Chat

So let me get this straight. If a person gets a credit card in one state and moves to another state and some where along the line, defaults on the account, the OC or CA can sue the person either in the state where the person was living when the account was created or in the state where they are now and the SOL for starting a law suit is based on the state in which the OC or CA brings suite?

 

You GOT it !!!, However, even if the creditor files suit in another State, he still must serve the debtor in his State of residence, and then must refile the judgment in the debtor's resident State as a "foreign" judgment for it to be used to lien or attach or garnish.So, for all intents and purposes, it is VERY rare for a judgment to be filed in a "foreign" State.

 

Thanks for the response. Wow this stuff get complicated.

 

Just a quick question on the SOL. If the SOL is brought up as a defense, is it the plaintiff's burdon to prove that the debt is still within the SOL, of does the defense have to prove that the SOL has expired?

 

Once you raise the SOL as a defense, it would the the plaintiff's burden to defeat your claim that the action is within the statute date.

Of course if they try and use an erroneous date for the SOL (such as an incorrect date of first delinquency), you will have to prove that they are using an incorrect date, with factual evidence.

Also make certain you research and check the TRUE SOL date with your court and do NOT rely on the free SOL sites that are used for reference as these sites are frequently out of date and you NEED to be certain that your defense is solid.

-Peace, Dave

 

What type of debt is credit card debt for SOL purposes? Looking at WhyChat's site is helpful but I do not know the designation of the debt (ie: Promissary, written or open ended) I live in LA. I would appreciate any clarification anyone can offer. Thank you.

 

Credit cards are written contracts, it's 4 years in CA.

 

You are mistaken.

Credit card accounts are open-ended accounts and fall within the statutes for open accounts. In many States the statutes will refer to them in their SOL statutes as "other" and you have to go to other area of the codes or statutes to get the proper reference.
They are also referred to as "book" accounts.