texaninfl Posted January 4, 2009 Report Share Posted January 4, 2009 Does the SOL apply to the OC or the CA? I have one that I know was last paid in 2002 but the CA has the account listed as open in 2005. So which one does the SOL apply to? Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 SOL applies to the debt...period. And, since its a state by state thing, you need to read your state's laws to know when it starts. Its never from "date opened"...its usually from "date of last payment" or "date of first delinquency". Link to comment Share on other sites More sharing options...
texaninfl Posted January 4, 2009 Author Report Share Posted January 4, 2009 SOL applies to the debt...period. And, since its a state by state thing, you need to read your state's laws to know when it starts. Its never from "date opened"...its usually from "date of last payment" or "date of first delinquency".Thanks for the info!! Just one question about the state part. This account was opened in Texas in 2002. I moved to Florida in 2004. The date of first delinquency was in 2003. Which state's SOL applies? Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 Not an easy answer. Again, depends on specific state laws. The OC (or junk debt buyer, if its been sold) has their choice of where to sue...where it was opened, or where you currently live. If they sue in Texas, they have to "domesticate" it to Florida before they can take any money. Some states make that hard or easy. Also, in some states (although I don't think Texas is one of them), leaving the state "tolls" the SOL...which means the clock stops until you return. Link to comment Share on other sites More sharing options...
texaninfl Posted January 4, 2009 Author Report Share Posted January 4, 2009 What do you mean by "domesticating" the debt? I just looked at the SOL for Texas and it's a flat four years. It's 5 years in Florida but, in either case, the date of last activity on that particular account was in 2003. Either way, I'm still past the SOL with the original debt even if the CA reports it as opened in 2005, right? Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 "Domesticate" is legal speak for taking a judgement granted in one state and transferring to another for enforcement.And again, no state measures from "date opened". If by "date of last activity" you mean last payment, then yes, you're probably past the SOL...but...you need to read the details of both state's laws to be sure. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 4, 2009 Report Share Posted January 4, 2009 They have to sue you in Fla, if that is where you live. Use Florida Link to comment Share on other sites More sharing options...
texaninfl Posted January 4, 2009 Author Report Share Posted January 4, 2009 I do live in Florida. Florida's SOL is 5 years and the date of last payment was in February 2003 so I would say that it's past.If the original contract was signed in Texas, how would the Florida SOL apply to a document signed in Texas? I appreciate all the information ya'll have given me. I feel better about this one now. Thanks! Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 What was the original contract for? Link to comment Share on other sites More sharing options...
texaninfl Posted January 4, 2009 Author Report Share Posted January 4, 2009 Apartment lease. I moved out with 60 days notice because I got transferred to another city in Texas. I worked it out with the apartment complex but, like an idiot, I didn't keep any documentation on it. Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 Arghh...well, the link at the top leads to another link... http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC10.HTM&Title=->2008->Ch0095->Section%2010#0095.10..which implies that it would be the texas SOL that governs. Now, all you have to do is go find the texas law that says anything about breaking leases. Link to comment Share on other sites More sharing options...
texaninfl Posted January 4, 2009 Author Report Share Posted January 4, 2009 Even if there is a Texas law that applies to breaking leases, is it fair to assume that even those laws fall under the SOL? Link to comment Share on other sites More sharing options...
willingtocope Posted January 4, 2009 Report Share Posted January 4, 2009 Sorry, I don't know. TX is a consumer friendly state, but, I don't know if that applies to leases. Link to comment Share on other sites More sharing options...
punky Posted January 4, 2009 Report Share Posted January 4, 2009 Hello willingtocope,You said TX is a consumer friendly state. Do You Know if UT is a consumer friendly state?Regards,punkySorry, I don't know. TX is a consumer friendly state, but, I don't know if that applies to leases. Link to comment Share on other sites More sharing options...
KentWA Posted January 4, 2009 Report Share Posted January 4, 2009 You said TX is a consumer friendly state. Do You Know if UT is a consumer friendly state?Hi Punky,Not wanting to hi-jack the thread I would say to discuss the issue in depth (A good idea), but yes and no. There is no specific laws other than CA licensing requirement, but the Unfair Sales Practices Act has been applied to CAs a few times. There is also not a lot of case law in State or Federal. Someone in Logan has had a lot of luck using FDCPA in Judical Court (small claims). Link to comment Share on other sites More sharing options...
texaninfl Posted January 5, 2009 Author Report Share Posted January 5, 2009 Arghh...well, the link at the top leads to another link... http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC10.HTM&Title=->2008->Ch0095->Section%2010#0095.10..which implies that it would be the texas SOL that governs. Now, all you have to do is go find the texas law that says anything about breaking leases.LOL, I did some Google work on this particular CA and their website is pretty entertaining and informative. The Q & A section tells me all I need to know. SOL has passed! They're not licensed to collect debt in FL. Does that really mean anything though?http://rentcollectors.com/faq.htm Link to comment Share on other sites More sharing options...
texaninfl Posted January 6, 2009 Author Report Share Posted January 6, 2009 Arghh...well, the link at the top leads to another link... http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC10.HTM&Title=->2008->Ch0095->Section%2010#0095.10..which implies that it would be the texas SOL that governs. Now, all you have to do is go find the texas law that says anything about breaking leases.Man, you wouldn't believe the case law I've found upholding that particular Florida statute. Basically, in most cases, if the originating state's SOL is shorter (which mine is, TX), then the SOL jurisdiction falls to the original state. Link to comment Share on other sites More sharing options...
willingtocope Posted January 6, 2009 Report Share Posted January 6, 2009 Yep. But like I said, I'm not sure where lease breaking fits in the SOL scheme of things. Some states (Ohio, for example, I think) have special "landlord protections" statues. Link to comment Share on other sites More sharing options...
texaninfl Posted January 6, 2009 Author Report Share Posted January 6, 2009 Yep. But like I said, I'm not sure where lease breaking fits in the SOL scheme of things. Some states (Ohio, for example, I think) have special "landlord protections" statues.In Texas, it falls under the 4 year SOL. From the looks of it, almost everything in Texas is a 4 year SOL. IF, knock on wood and crossing my fingers, this CA decided to come after me or try to collect, I could nail them on not being licensed in Florida and the case law regarding the Florida statute would be pretty strong. Where would the UCC come into play? I think I read somewhere on this site that leases like this have a 4 year SOL under the UCC. Link to comment Share on other sites More sharing options...
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