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I think I'm going to be sued but is the SOL up?


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I opened an account with HFC in December 2002 while I was in California. I made payments on the account until things fell apart for me I could no longer afford to.

ER Solutions took over the account and tried to collect on 09/08/2006.

MCM got ahold of it and sent me a copy of the original account on July 24, 2007 which was a check I cashed back in December 2002.

Now they have a local Law Office trying to contact me and the thing I got to day from the Law Office was a request to change the judge. But I still havent received any notice to appear anywhere.

I am in Arizona now and the SOL is 6 years here for a written. In California where I started the account it is 4 years for written.

My questions are:

1. Does the SOL start at the time of the beginning of the contract or if not when?

2. Which SOL is valid in this case? California because thats where the account originated or Arizona because thats where I live now.

3. This is the second clooection agency that is trying to get a judgement, can they even get one not being the original creditors?

Thanks for your help.

Peter

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short version the sol where you live is the one you go by since that is where they will sue. Does not matter where you opened the account. Technically they could sue in Cali but its pretty unheard of . Looks like you are on the hook for six years with this one....think about it.. if I go to NY and open up a Macy's account and live in NC.. they are not going to sue me in NY, not to mention the sue where you live otherwise judges would have to know all the laws.. and since AZ has the longer SOL you can bet that is where they are going to go.

As far as can they collect.. sure accounts are bought and sold all the time.. I am sure its in your fine print somewhere.. so yes they can collect and add nice hefty fees to it as well. its how the bottom feeders stay in business

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