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Sol Question


tdhssbn
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Does the SOL for an account pertain to the state you incurred the debt in or where you currently reside?

A Statute of Limitations is procedural in nature, so it is determined by the laws of the state where you reside.

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"When does my Statute of Limitations started ticking? Use your credit report as a reference. Your credit report will tell you the date of last activity for your account. You will have your credit report with the date of last activity and a certified letter stating that the statute of limitations expired."

I'm in California, OC shows reported since 11/02 but CA shows 4/03. Can they still get a judgement against me? I think SOL is up now. But am worried about CA doing something sneaky. How do I get a certified letter stating that SOL is up?

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Maybe this will Help, I got it of the SOL part of this website....

What state should I use in figuring out the Statute of Limitations?

According to Ron Opher, of www.ron4law.com: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.

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