Tolling

Discussion in 'General Lounge' started by lin, Jun 16, 2004.

  1. lin

    lin Well-Known Member

    How do you know if the statue of limitations have been tolled?
    lin
     
  2. lbrown59

    lbrown59 Well-Known Member

    please post this on credit talk.
     
  3. kaykay29

    kaykay29 Banned

    Let's see if we can give you an answer to your question instead of making you feel like you did something wrong and chasing you all over the place.
    LOL

    Tolling of a statute usually refers to a situation where the defendant can't be located because he skipped or moved to another state from where the action took place in order to avoid prosecution or action of the court or case and to avoid the consequences of his action. In that type of situation the "tolling" begins when he left the state or jurisdiction of the court and stops tolling when he returns voluntarily or is caught in some other state by police in criminal cases.

    Since many people don't really understand the law and how it works they incorrectly use the word "tolling" when they really mean to ask what is the length of the statute of limitations? How long does it take for the statute of limitations to run it's course in otherwords.

    That question can't be answered without knowing what specific statute of limitiations you are asking about and quite often it also can't be answered until we know what state is being considered.

    In the majority of posts people are asking about the SOL for reports to remain on credit bureaus and that SOL is 7 years and 6 months after the date you defaulted on the loan or credit card or whatever. There are exceptions to that for IRS or other tax liens and bankruptcies in special cases however. For the most part it is the 7 years and 6 months after you defaulted on the obligation.

    If you need to know about other types of SOLs then you might want to check for the law in your state. The best place to do that is at www.lawdog.com

    You will probably find people advising you to go to some website such as carreon or whatever but few of them are to be relied on because they don't update their information and the laws do change from time to time. Lawdog can always be counted on to have the latest information available.

    Even so, if you need to be really sure you should check with your local law library.

    I do hope I have helped you. If you need further help just reply to me here. I'll be watching for you.
     
  4. lin

    lin Well-Known Member

    Thanks KayKay,
    I posted this here by mistake but I really appreciated you taking the time to explain rather than say "Not another Newbe". I've spent hundreds of hours on credit debt in the last month and may even be able to contributr some of my knowledge to this site someday. My reason for asking about tolling is I never left the state but after making a few calls at the begining I knew I couldn't do anything to pay this back. I had no job at the time. I couldn't have filed BK if I wanted to. I finally went back to work and bought a car that I paid cash for. I had nothing and its hard to start over. I was on my last job for over 3 1/2 yrs til I was just phased out. The bottom line, I ran across the words tolling and skipping and I woundered if it would apply to me . I certainly don't want to start to work on my credit if the SOL is not up. It is 4 years here. The good news is I didn't have any of the big 5's. I have not used any credit or even a checking acct since this all happened. I haven't been turned down as I knew better than to ask.
    Thanks again,
    Lin
     
  5. kaykay29

    kaykay29 Banned

    Re: Re: Tolling

     
  6. lin

    lin Well-Known Member

    Re: Re: Tolling

    KayKay,
    If I did get a checking account would it show on my credit report? Cause any alerts to CA's or OC's? If it comes with an ATM I would assume (hate that word) that they would check on me somehow. Don't even want a ATM - nothing plastic at this point LOL! I understand that you are in checksystem for 5 yrs. Does the time start work like the SOL on Credit debt? Thanks for the heads up on google.
    Lin
     
  7. kaykay29

    kaykay29 Banned

    Re: Re: Re: Tolling

     
  8. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Tolling

    Many banks will check your credit before giving you an ATM card, since most of them can be used for purchases now.

    It's hard to tell if it will wake anything, but I would go for it anyway. If you are contacted by a CA, you'll request validation and hope they can't comply. Do a lot of reading here, and feel free to ask questions. But if you post on Credit Talk, more people will see it and answer you. I only check here once in a while, and I think many others are the same.
     
  9. lin

    lin Well-Known Member

    Re: Re: Re: Tolling

    Thanks for the reply, I posted this here by mistake as my first post. I've since posted on Credit Talk. I think your right about the ATM so will check into more before I do anything. I have read just about everything there is on this site and most others having anything to do with SOL,CA's,OC's. May be best to wait a few more months to be sure checksystem is clear. I understand it is 5 yrs.
    Thanks Lin
     
  10. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Tolling

    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    ************************************************************
    I certainly don't want to start to work on my credit if the SOL is not up. It is 4 years here

    lin
    ====================
    *****Why not?*****
    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    -> Never read the fine print. There ain't no way you're going to like it.
     

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