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budercup

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Joined: 25 May 2006

Posts: 66

Location: OH by way of GA

Posted: Thu Jul 06, 2006 8:04 pm Post subject: understand SOL but still have question

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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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mikey

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Joined: 28 Jun 2006

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Location: FLORIDA

Posted: Thu Jul 06, 2006 10:24 pm Post subject:

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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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budercup

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Joined: 25 May 2006

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Location: OH by way of GA

Posted: Fri Jul 07, 2006 11:13 am Post subject:

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"they might toll it" please explain

I thought SOL started with DOFD not from time I moved Why would it matter where I lived? Just that the time period had gone by?

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mikey

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Location: FLORIDA

Posted: Fri Jul 07, 2006 11:19 am Post subject:

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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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budercup

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Joined: 25 May 2006

Posts: 66

Location: OH by way of GA

Posted: Fri Jul 07, 2006 8:24 pm Post subject:

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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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HOOT

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Joined: 14 May 2006

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Location: Florida

Posted: Fri Jul 07, 2006 8:42 pm Post subject:

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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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mikey

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Joined: 28 Jun 2006

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Location: FLORIDA

Posted: Fri Jul 07, 2006 8:52 pm Post subject:

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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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budercup

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Joined: 25 May 2006

Posts: 66

Location: OH by way of GA

Posted: Fri Jul 07, 2006 8:53 pm Post subject:

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I thought SOL started with DOFD not DOLA

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HOOT

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Joined: 14 May 2006

Posts: 80

Location: Florida

Posted: Fri Jul 07, 2006 9:02 pm Post subject:

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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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HOOT

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Joined: 14 May 2006

Posts: 80

Location: Florida

Posted: Fri Jul 07, 2006 9:06 pm Post subject:

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Or no, I mean moving back to that state is what the key is, not that you never left, but coming back. Oh I don't know what I am trying to say, but I understand what you mean by tolling now.

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My original post 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 which is out of SOL or can they try using OH SOL? Also what if the CA is in another state that OH/GA can they use the SOL of state the CA is in?

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

Then a reply from Mikey stated: if you move back to GA 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.....tolling is when the clock goes into pause because you leave the state and restarts when you get back

My reply is: 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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Guest mikey

maybe i am miss-reading it (tolling) someone please explain to him better than me (i am new too). but if i could maybe use one more example on what they might be trying to get across with tolling. lets say you lived in ga and moved to mexico for 10 years with only one year in ga while the sol was running. they would have no means to sue you. when you would return, the clocks starts where you left to mexico at one year and you would have the remaining years to go till expired. understand yet? if not...i am all out of ideas how to explain tolling.

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Yes, there are instances where the SOL can be "tolled" or "put on hold". One of them being leaving the state. There are others as well.

Now, in your case, you state that you have moved from GA to OH and are now headed back to GA. The fact that you lived in OH, but are now back in your orginal state would NOT allow your creditors to sue you using OH SOL. You don't live there and no cause of action arose there.

Back to Georgia. If your creditors can successfully claim that you left the state to avoid service, and they couldn't locate you, that would likely be sufficient grounds to allow for tolling of the statute. If they were never looking for you in the first place and they don't even know that you ever moved, then you could probably successfully argue against the tolling of the statute.

But, if you are sued, you can count on receiving an interrogatory asking for all your addresses over the previous years and they will see you lived in Ohio and they will lie about looking for you to get the statute tolled. So regardless of what's right or wrong, be prepared to defend yourself against that.

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well I did get collection letter when I first moved but had only PT job and bum a ride to work so I never contacted them back.

One CA Great Senica did sue me through WW&R lawfirm which I settled before we ever went to court. (Never knew I had choices til I found this site.) And is not on my CR, OC stated paid 0 balance and I do see the hard pull from 1 1/2yr ago. So I did leave a forwarding address and one of them actually found me.

So I could use that as a defence that I had an OH address which is on my CR?

Just to clear things up I did not leave to avoid CA, I left b/c of the situation of not beeing able to keep my house with no job and husband laid off. So I moved north with family for a new start.

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Guest mikey

i was going to ask you if OH had the borrowing statue but i guess it would not apply since you are moving back to GA. that wuld prevent them from being able to sue you because of lapse time would time-bar them from sueing you in GA if it had expired while in OH, if OH had a longer sol. this is the case we with. expired sol in az and fl had a yr longer sol. also, i have filed a motion for dismissal because they did not file for trial until after 180 days, a requirement in small claims, after the initial filing. but the sol is my absolute defense. fingers crossed.

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After the first of the following month of the date of your last payment to your old accounts, did you stay in GA for 3 years? If so, SOL already passed in GA before your move to OH. If not and you are moving back to GA, is the total time in the state of GA 3 years since the first of the following month of the date of your last payment to your old accounts? If so the accounts are SOL.

If sued, I would still raise the SOL defense. Do the other ones after you know you have been living in OH? If not, then no problem. Even if they know, it is up to them to prove tolling in a court of law.

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