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Is my SOL expired? Moved from NY to TX


huntergreen
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moved from NY (6 year SOL) to TX (4 year SOL) and some of my tradelines have a last-payment-date over 4 years ago.

 

The reported debts were all allegedly incurred while I was living in NY.

 

I've heard that some banks had a choice of law in a state other than the one a cardholder was living in?   my banks were HSBC, Capital One, Bank of America, American Express, and Chase.

 

am i in the clear to start disputing them?  am i better off trying to ask for a settlement?   will i just end up being made to pay 100% and/or sued if i start poking these sleeping bears now?

 

thanks all!

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Don't confuse the 4 year SOL in which they can no longer sue you. You then have the 7 to 7.5 year SOL that your TLs will remain on your CR. After that your clear unless you do something stupid. Each state is different on how long you have to live in a new state to be cosidered a resident and fall under that states laws and protection. I don't recall TX law, it may be six months or a year before you fall under their protection. Just make sure that you always refer to TFC-392 on any and all of your communications to debt collectors. It carries a lot more than the FDCPA. Lay low in the mean time.

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Guest usctrojanalum

Did you default on the debts while you were in New York?  If so, you can still be sued in a New York Court.  If they decided to sue you in Texas, then you would have to find out whether or not they consider the SOL to be procedural law or substantive law.  Your home Court will not change their procedural law for another State, but they will pull in the substantive law of another State.

 

As for the credit report, those getting reported for 7 1/2 years regardless of whatever the Statute of Limitations may be.

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@TomnTex

 

Sec. 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE. (a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.

(B) A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.

© A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (B).

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