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SOL LIMITATION QUESTIONS


donqII
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Two questions please for our learned members.

#1. If you have an account that is within it's SOL, and you get

a lawsuit..... what happens with the sol?

In other words.... If your state is a 4 year SOL and you get sued at the 2 year

mark... does the lawsuit stop the SOL until it's completion... and then the balance of time get added on, after the completion of the lawsuit, or

does it just continue on during the lawsuit... possibly running out so that at the end of the suit it would be over and done?

Or, as in my case.... my sol, if I had not been sued...would have been up 2/2013. But I had a complaint filed against me in Sept. 09 , although I was not served until Nov. 09) that is still ongoing.

If this gets dismissed with or without prejudice, they can resell this account

and I was wondering if my sol on this account will now be added to by the length of time that this suit has been hanging around?

#2. If an account gets sold, does the date that the JDB buys it start a new SOL , or is the SOL from the OC still the one?

Thanks.....

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Two questions please for our learned members.

#1. If you have an account that is within it's SOL, and you get

a lawsuit..... what happens with the sol?

In other words.... If your state is a 4 year SOL and you get sued at the 2 year

mark... does the lawsuit stop the SOL until it's completion... and then the balance of time get added on, after the completion of the lawsuit, or

does it just continue on during the lawsuit... possibly running out so that at the end of the suit it would be over and done?

Or, as in my case.... my sol, if I had not been sued...would have been up 2/2013. But I had a complaint filed against me in Sept. 09 , although I was not served until Nov. 09) that is still ongoing.

If this gets dismissed with or without prejudice, they can resell this account

and I was wondering if my sol on this account will now be added to by the length of time that this suit has been hanging around?

#2. If an account gets sold, does the date that the JDB buys it start a new SOL , or is the SOL from the OC still the one?

Thanks.....

1. A lawsuit tolls (stops the SOL). From what I understand, if the case is dismissed by the Plaintiff or the judge, the SOL is unaffected by the lawsuit...it's as if the lawsuit never happened.

2. The date the JDB bought the account does not affect the SOL. It begins after the date of last payment on the account.

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Guest usctrojanalum
Two questions please for our learned members.

#1. If you have an account that is within it's SOL, and you get

a lawsuit..... what happens with the sol?

The SOL is tolled.

Or, as in my case.... my sol, if I had not been sued...would have been up 2/2013. But I had a complaint filed against me in Sept. 09 , although I was not served until Nov. 09) that is still ongoing.

If this gets dismissed with or without prejudice, they can resell this account

and I was wondering if my sol on this account will now be added to by the length of time that this suit has been hanging around?

This depends a lot on why the case is dismissed.

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