sol when changing states?

[karnoir]

I currently live in chicago, il and have 4 cc that went to collection. (CC were opened while living in chicago and went to collection in chicago as well)

The SOL in illinois is 5 years.

I'm moving to Las vegas, Nevada in June 2007 where SOL is 4 years.

Can a collection agency sue me in illinois when i live in Las vegas.

When I'll be in Las vegas which SOL will apply ? Nevadas - since that's were i will be living or Illinois since thats where the cc where opened and the debt was acquired?

Thanks

[credit2fly]

This is always confusing for new comers.I have faced the same dilemma when I started reading through the forums. From the answers that I got from the experienced memebers of this forum, if you move to Nevada, the SOL in Nevada applies to you which is four years. Yes a collection agency can sue you in Illinois while you are in Nevada. They do it in order to get a default judgement. Whatever I am saying is from the knowledge that I gained reading through different posts and from answers that were given to some of my posts. Search the forums and read, read and read as much as you can.

[OOCally77]

I am in the same boat went from IL to PA, and what I *THINK* I understand is that the Collection agency can sue in Either state. They usually will pick the one with the longest SoL or Highest intrest and leagal fee charge depending wich one will give them the best results.

I would check to see if they are license/Bonded to collect in either state. That may give you a hint as to wich state they will try to seek judgment in.

Good Luck this is not an easy proccess nor is it clear cut I have been looking through the forum and researching online for the last couple days and have new questions for each answer I get.

The main answers you should seek are:

What is the SoL for my State?

What is the SoL in the state I obtained the Debt?

What SoL Catigory does my Debt fall into?

Is the Collection Agent (CA) able to collect in my state?

Is the Collection Agent (CA) able to collect in the state I obtained the Debt?

Just a couple I am still trying to find answers to myself.

[karnoir]

Also by changing states I would buy myself some time ...right? How long would it take the ca to find me in vegas?

[cracrap]

ah the question is .. what are you required to do or how long do you have to reside in nevada in order to be considered a resident of the state??....ask the vegas dmv...

[cracrap]

need to be sued in nevada once considered a resident....of course theyll probably try for a default in illinois but you can always file a motion to vacate for lack of jurisdiction...

[OOCally77]

Here is a Site to search for license in Illinois.

https://www.idfpr.com/dpr/licenselookup/default.asp

[kevin3344]

The FDCPA states where a CA can bring suit:

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(

in which such consumer resides at the commencement of the action.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Usually, though, it's where you live now. Keep in mind leaving the state can also "toll" (put on hold) the SOL until you come back...if you come back that is.