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Something odd I dont understand


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I saw a post earlier where someone mentioned in some states a collector can try to collect after the SOL it is legal... did I misunderstand that??

How do I know which states its legal and where its not.. this is new info to me.. thanks

Does that mean only calls and letters.. but they still can't sue after that.. or can they? Thanks

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Only in wisconsin and maybe some other state and who knows maybe California if anyone takes it to court is it illegal to collect on a SOL debt. However, it is illegal to sue on one in all states. A ton of JDBs do sue because 99% of the time they get away with it. When they are caught 99% of that time they drop the case and the consumer lets them go. Quite frustrating. If you are ever sued for a SOL debt you immediately countersue them and make them pay you else the cycle will never end.

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Remember that SOL is an affirmative defense- it is your responsibility to present your defense in court. The judge will not do it for you. There are things that the plaintiff can do to torpedo an SOL defense. If he can prove you paid on the debt, or if you were deliberately hiding from service, he can toll or even reset the SOL.

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good to know.. that would be pretty hard since I have lived in the same house for 11 years... so no tolling

I did have ONE judge think it was 10 years in our state (that is for contract under seal not an open or written contract , which are both three years here in NC).. scares me that a JUDGE didnt know that!!!

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