SOL Tolled for how long?

[yumling88]

Have been reading about SOL being tolled. This is what I understand, basically if you leave the state, the SOL clock is stopped and restarts when you get back to the state.

Say I live in CA where the SOL is 4 years. 1 year after the SOL starts I left the US (left the country) and stayed overseas for 8 years. Does it mean that when I get back the SOL starts ticking again and year 2??

[Aerovette]

I am guessing here, so take this as speculation only, but logic would tell me that if no one TRIED to sue you during that time, the clock would never have stopped. If they tried to serve you and you were out of country, I would guess that would put it all on hold until you returned.

[mikey]

basically....they had no way of getting to you. An arguement could probably be made if you moved to texas and lived there for 8 years and they never went after you there and then moved back...i think....lol

but in another country, they had no way of serving you and bringing you to court. sucks, i know. but remember one thing, they might never know you left unless your credit report shows another address in another state in that time. i might be wrong....i am not too smart, just try to use logic sometimes.

[mikey]

I am guessing here, so take this as speculation only, but logic would tell me that if no one TRIED to sue you during that time, the clock would never have stopped. If they tried to serve you and you were out of country, I would guess that would put it all on hold until you returned.

that might be the answer. they would then know you were not in cali.

i would look to see if they ever tried to serve papers on you in cali...maybe that might help. dont tell them...what they dont know wont hurt you....lol

[yumling88]

but in another country, they had no way of serving you and bringing you to court. sucks, i know. but remember one thing, they might never know you left unless your credit report shows another address in another state in that time. i might be wrong....i am not too smart, just try to use logic sometimes.

You logic makes sense. However, I did leaving my overseas address and they did try to call me there a few times but the calls stop after a few months.

Strange thing is that all my 3 credit reports to do not have any bad stuff in them. One listed an Amex account as closed by consumer and TU listed all the charged off CC but the remarks were paid or paying as agreed.

Everything was quiet when I initially got back. However when I got a secured card, the zombie debt guys started calling.

Perhaps, given the length of time, almost 10 years, if I sak for a DV, they might not be able to supply the info since the debt might have been passed on quite a few companies.

Right now I am waiting for the other shoe to drop. Do you guys think it is a good idea to freeze my CR. I do not intend to apply for any credit within the next year. Freezing my CR might allow more of the SOL clock to continue ticking while I remain in the quiet.

[GreatGadsby]

typically the SOL is tolled when you move to hide from creditors..... if you move and stay somewhere for a while (8 years being long enough), especially if you have mail forwarded and current creditors have your information, the SOL would not be tolled. many people move for jobs, or to take care of family members..... with a legitimate reason, and not a deliberate attempt to shirk your obligations, the SOL should not have been tolled.

[yumling88]

typically the SOL is tolled when you move to hide from creditors..... if you move and stay somewhere for a while (8 years being long enough), especially if you have mail forwarded and current creditors have your information, the SOL would not be tolled. many people move for jobs, or to take care of family members..... with a legitimate reason, and not a deliberate attempt to shirk your obligations, the SOL should not have been tolled.

Great to hear. No I was not trying to hide. In fact my overseas address was listed as one of the addresses in one of the CR.

Well I hope that it really has SOL. Thanks

[divemedic]

I am going to have to disagree there. The SOL CAN be tolled. Here is what FL law has to say:

95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

( Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

© Concealment in the state of the person to be sued so that process cannot be served on him or her.

[mikey]

I am going to have to disagree there. The SOL CAN be tolled. Here is what FL law has to say:

95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

and how would they be able to prove you left the state by chance. If someone left for a year and returned but never told anyone or had the CR show this...?

[divemedic]

If they know you left, and they ask you if you left, what will you say?

[Methuss]

The main issue here is that tolling of the SoL is not automatic. The plaintiff must invoke the tolling in court and prove to the judge that the SoL should be tolled. Absent proof, the judge is constrained by law to adhere to the SoL as defined.

[yumling88]

Well I guess I will wait to see if the other shoe drops.

The Junk Debt company had called. I told them to go away. They followed with 3 automated calls which I did not return and so far no news from them (about 1 week). After the automated calls I started searching on the web and found this excellent forum. I am waiting for some letter from them.

My strategy is:

1) Not to speak to them on the phone because I have no way of identifying who they are and do not want to incriminate myself

2) Wait for any letters or official correspondance from them (who knows i could be a letter from the CA or even a suit from their lawyer

3) Upon receipt of letter, I will immediately reply with a DV (since this case is now approaching 10 year and the debt must have changed quite a few hands, they might not have all the documents)

Thanks folks