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Moving back to my old state. SOL issues?


McSpam
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Hi,

 

This is about an old credit card debt.

 

I'm in Washington, a six-year SOL state. The debt went delinquent almost seven years ago. I lived in Washington at the start of this period, and have not left since.

 

I moved here from Massachusetts. That's another six-year state. Now I might be moving back.

 

Given only what I've stated so far, I don't think I'd worry about the SOL clock restarting if I did move back. The debt went delinquent in Washington. However, (1) the account was opened in Massachusetts, and (2) most of the principle debt was accrued there.

 

I've read that those two facts would be valid criteria for a collector's picking Massachusetts as a lawsuit venue. Could they also be used to argue that the debt has been tolled in Massachusetts this whole time?

 

I'm hoping for a solid "no" on that question. The debt courts are supposed to be very corrupt in Massachusetts (like the rest of the government, right?). The collectors' lawyers literally run the sessions sometimes. I'd hate to end up in that spot without an ironclad SOL defense.

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I have a place on the Cape close to Cotuit. I go there of and on when I can. Some years the family stays for a few months. I am very familiar with MA law. Some of the more harsh laws against debt collectors.

 

If you move back to MA and they sue you they better darn well sue you in the county where you live.

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TomnTex, you can argue that the SOL clock never started in Massachusetts, because I didn't go delinquent there. So there would be no tolling.

 

Thanks, admin, but not much help from that ExpertLaw site, I'm afraid.

 

If I can't find an authority on this, I think I'll have to ask an attorney about it.

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@McSpam

 

From what I understand, while you lived in MA, you were making payments and the account was current?

 

I could be wrong, but if that's the case, I'm thinking that because you stopped paying while you have lived in WA, and the SOL is now passed, you cannot be sued in MA.  The reason is because when you left MA, the debt was current in that state so there was no SOL to toll. 

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@McSpam

 

From what I understand, while you lived in MA, you were making payments and the account was current?

 

I could be wrong, but if that's the case, I'm thinking that because you stopped paying while you have lived in WA, and the SOL is now passed, you cannot be sued in MA.  The reason is because when you left MA, the debt was current in that state so there was no SOL to toll. 

I am thinking the same thing.

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My understanding was that SOL was only tolled if you moved out of the country, or were trying to evade the debt by hiding.  I don't think I've seen anyone try to claim SOL tolled for just moving from one state to another.  Given what scumbags they are, you'd think one would have tried it.

 

I went from Oregon to Washington (both 6 year SOLs) and never heard anything like that.  I wouldn't worry about it.

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My understanding was that SOL was only tolled if you moved out of the country, or were trying to evade the debt by hiding.  I don't think I've seen anyone try to claim SOL tolled for just moving from one state to another.  Given what scumbags they are, you'd think one would have tried it.

 

I went from Oregon to Washington (both 6 year SOLs) and never heard anything like that.  I wouldn't worry about it.

@mdk003 - but you don't live in Mass.  Just a thought.  

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