McSpam Posted July 24, 2013 Report Share Posted July 24, 2013 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. Link to comment Share on other sites More sharing options...
TomnTex Posted July 24, 2013 Report Share Posted July 24, 2013 My reading of the SOL is that if you move out of a state and then return, it will toll the SOL for that length of time. I.E., if you move out for a year and then return, you will then add a year back onto the length of the SOL. Link to comment Share on other sites More sharing options...
BTO429 Posted July 24, 2013 Report Share Posted July 24, 2013 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. Link to comment Share on other sites More sharing options...
admin Posted July 24, 2013 Report Share Posted July 24, 2013 http://www.expertlaw.com/library/limitations_by_state/Massachusetts.html Link to comment Share on other sites More sharing options...
McSpam Posted July 25, 2013 Author Report Share Posted July 25, 2013 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. Link to comment Share on other sites More sharing options...
Torden Posted July 25, 2013 Report Share Posted July 25, 2013 You should be able to get this question in under the free initial consultation many attorneys offer. Link to comment Share on other sites More sharing options...
admin Posted July 25, 2013 Report Share Posted July 25, 2013 @McSpam - from doing a Google search, there are several SOLs that having tolling provisions, but I couldn't find one specifically about debt. That was the closest I could find. Link to comment Share on other sites More sharing options...
McSpam Posted July 25, 2013 Author Report Share Posted July 25, 2013 OK, I appreciate the replies, @admin, and everyone else. I'll post here if I get the answer from an attorney. Link to comment Share on other sites More sharing options...
BV80 Posted July 25, 2013 Report Share Posted July 25, 2013 @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. 1 Link to comment Share on other sites More sharing options...
BTO429 Posted July 27, 2013 Report Share Posted July 27, 2013 @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. Link to comment Share on other sites More sharing options...
mdk003 Posted July 31, 2013 Report Share Posted July 31, 2013 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. Link to comment Share on other sites More sharing options...
admin Posted July 31, 2013 Report Share Posted July 31, 2013 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. Link to comment Share on other sites More sharing options...
Recommended Posts