Which state's SOL applies?

[dentaldolly]

my son actually resides in one state but has been receiving his mail at our address even after he left home. (Had some problems with others getting his mail at his apt. Mailbox lock was broken etc. He wasn't just trying to avoid creditors) We actually live about 2 miles apart, right across the state line. He does have utility bills with his actual residence address in his own state. The sol is different in the 2 states. Which one would apply? The cra's have our address on his reports. Had so many other things to worry about on those reports, address change didn't seem that important.

Also, he made 3 payments through a debt management company on a CC acct that had been placed with Resurgent. He never brought acct current tho. Did those 3 payments reset the SOL?

[Robert Nashville/Savannah]

Yes, making payments will almost certainly reset the SOL. Aside from that, not keeping his address history current, not receiving mail where he lives, etc could be construed as an attempt to hide from his creditors and that usually tolls the SOL as well.

And in general, the state he now lives in is the SOL that applies.

[mikey]

Yes, making payments will almost certainly reset the SOL. Aside from that, not keeping his address history current, not receiving mail where he lives, etc could be construed as an attempt to hide from his creditors and that usually tolls the SOL as well.

And in general, the state he now lives in is the SOL that applies.

i will have to disagree with that. I am new here but ever since my case was brought to light, i have been reading all over the place. One thing I remember seeing, if I read it right, is....as long as you DO NOT bring the debt current, it does NOT reset SOL.

And as for the address, I had a PO Box because of problems with my mail. They had my physical address, but my mailing address was different. You can have both. The right venue they would sue in by law would be where he lives, not where his mail goes to. Having two addresses is not a way to hide, but sometimes a necessity. So as far as the tolling, nonesense. beleive me, if they wanted to find him, they could...they found me and I had a PO Box here because we lost our mailbox after the Hurricane and mail wasnt being delivered in our neighborhood for months. I just kept it afterwards. Aside from that, onlu bills had our new address and wham, here came a summons. Its not my job to call these CA and give them my address updates or the CRA.

[E. Normis Debtor]

Whether or not the payment reset the SOL is state specific. You'd need to refer the state's statutes or precedent.

The FDCPA allows for a CA to sue in one of two venues: The state where the agreement was signed, or where the consumer currently lives. Where they choose to have their mail delivered isn't relevant.

The forum state (where suit is filed) is the state who's SOL will generally apply. Though that can be complicated if there was a choice of law provision in the agreement.

[mikey]

Whether or not the payment reset the SOL is state specific. You'd need to refer the state's statutes or precedent.

The FDCPA allows for a CA to sue in one of two venues: The state where the agreement was signed, or where the consumer currently lives. Where they choose to have their mail delivered isn't relevant.

The forum state (where suit is filed) is the state who's SOL will generally apply. Though that can be complicated if there was a choice of law provision in the agreement.

I have a provision in mine that says..."NO MATTER WHERE YOU RESIDE, NEW HAMPSHIRE LAWS APPLY"......so I will use that is I can not convince the judge that it should be considered an oral contract based on Fernandes case law, the last sentence where it talks about even if written instrument is found but in the form of a terms and condition blah blah blah...is considered an oral contract etc etc...so, the written instrument would then be the terms and in the terms it clearly says NH....which is 3 yrs either way, oral or written and saves me. I used to think it was where you lived when you accepted the card, but have found that doesnt mean crap. But thx to FLA 95.10, Fla wont maintain it if expired in my former state. Sorry if this is all a repeat of my other posts.

[E. Normis Debtor]

As I indicated, a choice of law provision "complicates" the issue. Most often one of those complications is whether the forum state considers SOL to be substantive or procedural law. Choice of law provisions generally apply only to substantive law, and many states consider SOL procedural law. If the latter is true, then even considering the choice of law provision, the forum states SOL would apply.

SOL is not nearly as cut and dry as some people may think.

[dentaldolly]

Thanks for all your replies. It so happens that the state where my son now physically lives is the same state in which he probably opened the accts. Our city is literally in 2 states so it's kind of hard to remember exactly where a cc was opened. many people who live here use a PO bOx just because of the confusion with what state mail should go to. The city name is the same, only the state and zip changes. Maybe he'd be safe using the shorter sol. Unfortunately neither one is close to being up.

[VonAngel (aka EarthAngel)]

One thing I remember seeing, if I read it right, is....as long as you DO NOT bring the debt current, it does NOT reset SOL.

That applies to the reporting period of a TL. The SOL (for being sued) can be reset by making a payment. It doesn't matter if the payment brings the account current or not (for most states). As stated by another poster, SOLs are regulated by individual states and one will need to refer to their state laws for full statutes.

[mikey]

That applies to the reporting period of a TL. The SOL (for being sued) can be reset by making a payment. It doesn't matter if the payment brings the account current or not (for most states). As stated by another poster, SOLs are regulated by individual states and one will need to refer to their state laws for full statutes.

in my state, partial payment does NOT reset the clock on either the sol or tl

[VonAngel (aka EarthAngel)]

in my state, partial payment does NOT reset the clock on either the sol or tl

Good info to know about Florida.

[Robert Nashville/Savannah]

I think everyone is being a bit overly simplistic here...

SOL laws are not always quite so cut and dried as some would like to believe and ALWAYS subject to the Judge hearing a case...in other words, you can be "right" and still be found "wrong".