Anonymous Posted December 2, 2002 Report Share Posted December 2, 2002 I have several ?? The SOL, do you go by the state where you first established the credit or where you live now? Under where you posted "when does the sol start". you state at the bottom of the 1st paragraph "You will have your credit report with the date of the last activity and a certified letter stating that the sol expired". The certified letter, who and where do you obtain this at? How do you go about introducing this to the court or who? and how? I am being sued for amount owed do I need to postpone this? Can I? Please get back to me as as you can Thank You, Brenda Link to comment Share on other sites More sharing options...
admin Posted December 2, 2002 Report Share Posted December 2, 2002 It's the state where you opened the account OR the state in which the creditor does business, whichever is greater. Link to comment Share on other sites More sharing options...
Anonymous Posted December 2, 2002 Author Report Share Posted December 2, 2002 Ok, now I am confused. This is the first time I have ever heard about the state the creditor is located in. Does this always apply, or only when you have moved from the state the that you opened the account in? Link to comment Share on other sites More sharing options...
Anonymous Posted December 3, 2002 Author Report Share Posted December 3, 2002 Curious Link to comment Share on other sites More sharing options...
admin Posted December 3, 2002 Report Share Posted December 3, 2002 Well, that's what it says on my page on SOL. It's not specifically defined by law, I just used the opinion of a consumer attorney. Other factors include state laws. Link to comment Share on other sites More sharing options...
Anonymous Posted December 3, 2002 Author Report Share Posted December 3, 2002 I'm still confused. I got this from the SOL section of the site:According to Ron Opher, of www.ron4law.com: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL.This says that "bank location is irrelevent". Wouldn't the bank be the creditor? The only locations that matter is where you signed the agreement and where you currently live. Wouldn't these be the only two SOLs that apply? Especially since most credit card companies are usually in another state?[Edit by James5150 on Tuesday, December 3, 2002 @ 09:47 AM] [Edit by James5150 on Tuesday, December 3, 2002 @ 09:48 AM] Link to comment Share on other sites More sharing options...
admin Posted December 3, 2002 Report Share Posted December 3, 2002 I meant it's where they do business (their main center of business). If I'm wrong, please point it out. Link to comment Share on other sites More sharing options...
LadynRed Posted December 3, 2002 Report Share Posted December 3, 2002 According to section 811 of the FDCPA, the only venue that can be used is either the state where you reside or the state where you opened the account, same goes for the SOL, or so I thought. Link to comment Share on other sites More sharing options...
Anonymous Posted December 3, 2002 Author Report Share Posted December 3, 2002 LadynRed Can you help me get this info?Im also due in court on the 16th of this month should I post pone or call the lawyer that issued this to work out a payment plan? I'm so confused not sure what to do any suggests and info is welcome. Link to comment Share on other sites More sharing options...
ALF Posted December 3, 2002 Report Share Posted December 3, 2002 Brenda,I would go to the actual statutes of limitation for the state where you now reside, where you lived when the account was opened and where the bank does its business (main location). That way you have all of your bases covered. The SOLs that are posted on different websites may not always be up to date, so it is best to look up the actual statutes for clarification. If either of the states are PA or IL, I could give you the location on where to find this info.Hope this helps (even a little, LOL),A Link to comment Share on other sites More sharing options...
Anonymous Posted December 3, 2002 Author Report Share Posted December 3, 2002 ALF,Where would I go to the actual statutes of limitation site? I've looked on here before and no such luck. Thanks for the info... Brenda Link to comment Share on other sites More sharing options...
creditfix Posted December 4, 2002 Report Share Posted December 4, 2002 To find "Statute of Limitations" on this site look at the top portion of this page. It is listed right under "Debt Validation" Link to comment Share on other sites More sharing options...
ALF Posted December 5, 2002 Report Share Posted December 5, 2002 Brenda,Each state has its own laws and statutes. Do a search on the web for your state and the statute of limitations. Maybe try your states website and see if you can get to your state statutes. What state are you in? Maybe I can help you to try to find them.A Link to comment Share on other sites More sharing options...
Anonymous Posted December 6, 2002 Author Report Share Posted December 6, 2002 TN Link to comment Share on other sites More sharing options...
LadynRed Posted December 6, 2002 Report Share Posted December 6, 2002 SOL in TN is SIX years.. I live in TN too and I've researched the statutes. Link to comment Share on other sites More sharing options...
ALF Posted December 6, 2002 Report Share Posted December 6, 2002 Thanks Lady,Did that help, nine?A Link to comment Share on other sites More sharing options...
Anonymous Posted December 6, 2002 Author Report Share Posted December 6, 2002 yes it did ty Link to comment Share on other sites More sharing options...
Recommended Posts