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CA can't find me?


bulabula
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I have a CA coming after me for Crap One.

I was living on the east coast 4 years ago then had a chance to work out of the country for almost a year. When I returned, I moved to Hawaii.

Hawaii is the only state that doesn't legally require you to change your driver's license over with a certain time frame of moving here, so I never have because it costs money and my Mass license is good until 2008.

Meanwhile I even got a Hawaii Taxi Operators permit with my Mass license two years ago! I've had to get abstracts for a few jobs so Hawaii has my address.

But all this time, because of moving out of the country, I have a PO Box in Wyoming (why there? it's a long story). So that is my official mailing address, but has never been my residence.

I'm getting inundated with letters from the CA to that address, where I only have my mail sent to me about twice a year cuz there's never anything there.

My question is if the CA tries to get a judgment on me, where will they likely do it from and can they legally serve me through the mail to an address that was never known as my residence?

And also, what state would the SOL and laws fall under for this? The last residence or the last address that Cap One has for me?

Thanks if anyone has any info!

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My first suggestion to you is that you get all three copies of your credit report. In regards to a judgment, I had an associate who received a judgment as they tried to serve it at an address where she had not lived for years. So you see, a judgment can be made if they cannot reach you. She could possibly vacate this judgment, however, she would have to know where they filed it as that is where she has to go to ask for a motion to vacate. For example, if they filed it in Georgia, and she lives in Ohio, she would have to fly to Georgia to file her motion. That's why it is important to get your recent credit reports to check. Here is the information I have regarding the Statue of Limitations:

In regards to the statues of limitations, it varies from state to state and depends on the type of debt involved. Depending on the state, open-ended contracts such as credit cards might be considered a written contract, an oral contract or have a different statute of limitations altogether. Be aware that you can restart an expired statue of limitations in some states by making a payment on an old debt or just by acknowledging that you owe the money. With an unpaid collection, if the debt is yours and within the SOL, be careful about disputing the information with the credit bureaus. You could awaken interest in collecting the debt by drawing attention to it. If you are not prepared to pay it or get sued and suffer a black mark on your credit score, it might be better to leave it alone and hope it slides off your report in a few years. If the SOL is well past, you can be more aggressive in trying to get it off your report. Make sure you don't start the SOL all over again. If you are unwilling to handle all of this yourself, a few good law firms handle cases like this. Use the National Association of Consumer Advocates to get a referral but steer clear of any law firm that guarantees results or demands enormous fees in advance. :BadDay:

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In many states, the SOL "tolls" or stops running when you leave the state.

The exact answer is more complicated that that simple statement and the exact precise answer will depend on the law of the state you left and the state where you live.

Your situation is pretty complicated. Maybe it just makes more sense to settle the debt with the CA?

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In many states, the SOL "tolls" or stops running when you leave the state.

The exact answer is more complicated that that simple statement and the exact precise answer will depend on the law of the state you left and the state where you live.

Your situation is pretty complicated. Maybe it just makes more sense to settle the debt with the CA?

Yes but isn't it effective retroactively to the original date in the state where you now reside!!!!!!!!!!!!!!!!!

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In many states, the SOL "tolls" or stops running when you leave the state.

The SOL "tolls" or stops running when you leave your state (i.e., NY) and RETURN to the same state (i.e., NY), to discourage debtors from "moving" or simply "changing their addresses" (using Mail Drops, etc.) to avoid their debts. That's why I never move back. I keep it moving.xdancex xdancex xdancex

Happy Holidays xcanex xcanex xcanex

June

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I did not know this. I have been away from NY for 1.5 years so If I move back the SOL was frozen in time. Does that mean if i return to new york the SOL continues from that old date. So do i have to wait for it to fall off before i move back. Holy Crap!

You got it!:wink: Go here, for more explanations.

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

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You may want to check your Equifax Credit Report under "Facts You Should Know" to determine your next move. :)

New York State Residents Only: SATISFIED JUDGMENTS remain 5 years from the Date Filed; PAID COLLECTIONS remain 5 years from the "Date of Last Activity".

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