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Out of SOL - current vs. past residence?


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I have a CO from Sept 2008 that occurred in Iowa. I live in Maryland now. It was a CC type debt (store CC). SOL for Iowa is 5 yrs, SOL for Maryland is 3 years. Which one do I go by?

I was about to debt validate as per the Debt Validation Workflow chart, but I realized it was out of SOL in Maryland where I've been for 2 years now. I still sent a debt validation even though I'm pretty sure it's considered out of SOL but I was just wanted to make sure.

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I have a CO from Sept 2008 that occurred in Iowa. I live in Maryland now. It was a CC type debt (store CC). SOL for Iowa is 5 yrs, SOL for Maryland is 3 years. Which one do I go by?

I was about to debt validate as per the Debt Validation Workflow chart, but I realized it was out of SOL in Maryland where I've been for 2 years now. I still sent a debt validation even though I'm pretty sure it's considered out of SOL but I was just wanted to make sure.

Since the account is a "store CC," the transactions involved the purchase of goods, correct?

That being the case, your SOL in Maryland is 4 years, not 3, under s. 2-725.

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It could be both. If you opened the card and made purchases in Iowa, the creditor is fully within their rights to sue you in Iowa.

However if it is with a JDB, I have never heard of them attempting to assert SOL from another state. The could sue in Iowa and not run afoul of the FDCPA, but you would likely not be subject to jurisdiction in Iowa.

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  • 2 weeks later...
Since the account is a "store CC," the transactions involved the purchase of goods, correct?

That being the case, your SOL in Maryland is 4 years, not 3, under s. 2-725.

It's hard to say for certain, since I'm not even sure who the original creditor was since this debt has switched hands a few times. It may have involved the purchase of eyeglasses so I assume that counts as "manufactured goods". I am not sure what the difference is between a store card and a credit card in terms of SOL, it seems like a huge grey area.

I was looking at the s 2-725 part here (Uniform Commercial Code - Article 2) and I guess it would apply. Does the UCC apply to all states or just Maryland? So would it be 4 years even if the debt originated in Iowa? If it's just Maryland, does Iowa have something similar to the UCC or will a store card fall under an "open account" (5 years)?

I never saw the UCC stuff before this thread, so thank you for bringing it up. Before this point I had only read about the open accounts (Statute of Limitations on Debts).

Since I'm right at the 4 year mark since the last payment on the debt according to the credit report I suppose I will wait until the 4 year mark is official and do a zombie debt C&D letter then. I'm just worried that they will file a lawsuit before the 4-year SOL is up.

Is there any legal precedent for whether the SOL applies for the residing state or original state?

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