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understand SOL but still have question


budercup
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All my positive and neg TL started in GA (decent SOL) now Ilive in OH (could it get any worse?) I am planning on moving back to GA.

I have no judgments or CA contacting me as of yet. When I move back will that make the SOL under GA law only or can they try using OH SOL? Also what if the CA is in another state that OH/GA?

I understand if I stay in OH then OH SOL will apply since they are longer.

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Guest mikey

if you move back to GA (i think you are saying the sol is still not expired there too) then they might toll it.....the time you were away will not count towards the sol...you have to be back in GA for the time to continue.....

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Guest mikey

tolling is when the clock goes into pause because you leave the state and restarts when you get back...this is when the sol is still valid and not expired...once it is expired...its over with. but if you leave before, they can say that the clock will be paused and not count towards the sol till you get back...if you move to a state and live there for awhile then the sol of that state applies and if expires there, it is over as well...but dont think they wont try and convince the courts that the sol of another state should apply to fit their needs....case in point they tried to use South Dakota where citibank was located...or wasit virginia? cant remember, but it was a state i never lived in but the bank hq was located. check the sol of both states.....

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does anyone have more info on this? The pausing of the clock and tolling are confusing to me. If all CC, loans mortgages, etc started in GA with no judgments or law suits in OH or GA. Why would the clock pause?

I've read post that state SOL is under the state of original issue or state currently living, if both are GA why would it matter where I lived in between?

Can anyone quote in the FDCPA that this is legal?

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I don't get that myself. I am under the impression that the SOL started from the DOLA. Now, as far as collection a CA or whatever might try to use the state say where you are at the present time or from before which ever is longest to collect. States have different time lengths on collectable debts. This tolling thing is new to me.

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Guest mikey

Tolling (Toll):

The term “toll”, “tolled”, and "tolling" are used in almost all statute of limitations rules and it means to "stop the running of a statutory period for a certain period of time".

lets see if i can explain it better using my case but changing a few things.

i have a credit card that I stop paying on in 1995 in arizona. the sol in arizona is 3 years. i move to florida in 1996 before the sol expires in arizona and stay in florida for one full year from 1996 to 1997. i then decide to move back to arizona in 1997 cause i was tired of all the hurricanes and all the bugs. well, then the creditor finally decides to go after me in 1998. well, you would think that it has been 3 years and the sol is expired, but they might try and claim that i was out of the state, and it was tolling, thus giving them that year i was away back. but if i had stayed in florida till 1999, the sol would have been expired in florida where i would be residing, and beyond arizona's sol plus the fact florida has a borrowing statue and would have to honor arizona's sol.

this is better explained here.....

http://www.fair-debt-collection.com/statue-limitations.html

The term “toll” or “tolled” means to "stop the running of a statutory period for a certain period of time". Many states use this term in their statutes of limitation rules and civil codes for debt collection.

For example, lets say that you live in Florida where the statute of limitations on credit card debt (open ended credit) is 4 years. You do not make any payments to your credit card company for two years leaving only 2 years to go before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida.

Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again.

On the other hand, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the 4-year statutory period begins running again. In effect you've reset the clock.

In some cases, making an actual payment or making a verbal or written promise to pay can reset or restart the limitations depending on your state code.

WARNING! While the statute of limitations (SoL) is running or even after it's expired, making ANY payment or signing a promissory note can reset or restart (depends on your state law) the statute of limitations. Always ensure the debt is valid, and then check your state laws to see if the debt has a statute of limitations BEFORE taking any other action such as making a payment or signing an agreement to make payments.

EXAMPLE: Let's assume the SoL on a personal loan in your state is four years. On January 1, 2000, you sign the loan papers with the first payment due February 1, but you never make a payment. The SoL expires February 1, 2004. (Four years from the date of the last delinquent payment due date that a payment was missed).

Using the above example, let's assume you receive a collection call in February 2003 (1 year before the SoL expires) and, based on that call, make a $50 payment with a promise to pay each month. That payment can either toll (stop) the collection time clock or reset it. If you fail to make another payment and your state allows the clock to be reset, then in this example, the clock restarts from the date of the next missed payment and runs another four years.

Credit cards and personal loans are good examples of "stopping the collection time clock" because each monthly payment restarts the clock. These payments are usually minimum payments and are normally for unsecured credit (although this has no effect on the SoL). Secured credit is usually not a collection issue because the creditor simply seizes (repossesses the item).

However, it's worth mentioning that, in most cases items that are repossessed are often sold at auction for far below what is owed. The result is an unsecured debt that the debtor is still responsible for and expected to pay.

The statute of limitations for the collection of debts is not well known and is often misunderstood. Each state has its own specific rules. I highly encourage you to learn your state's rules.

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Okay. I think I have got it now. If you leave a state and stay away, but if you move back; then it restarts the clock because you now reside back in that state and it is like you never left, am I right? Or I am just way confused.

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Guest mikey

READ MY LAST POST ABOVE ON TOLLING

unless you fully explain your situation, not sure if it applies. i am new to it, but maybe someone else can explained it better.

BTW.....

People in Florida have a new tool to help protect invasion of their credit information..

A new state law went into effect this week that allows people to freeze their credit report.

Once the report is frozen, credit bureaus can *not give out someone's credit score or history without their permission.

It's designed to act like an extra defense against identity theft.

But...Freezing your credit report can also make it tougher for consumers to get new credit or open a cell phone contract....unless they temporarily lift the freeze order.

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I thought SOL started with DOFD not DOLA

Almost. It originally starts from the DOFD; but if a payment is made, then it starts again from DOLP (date of last payment). Don't get the SOL for being sued confused w/ the reporting period of a negative TL (which starts from DOFD not DOLA and can only be reset by bringing the account current).

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