Getting Close to SOL - Proactive Defense Strategies Against Last Minute Attacks

[BinaryMan]

DOFD is OCT/NOV 2010 (credit report went straight to 60 days late on the trade line so some ambiguity there). I'm ignoring the 6-9 months of forbearance fees even though were not applied to the balance, just assuming it reset the SOL and the forbearance period didn't count (there was no written contract for it, but I can't recall how the telephone calls went to pay the fees). Contract was entered into in CA, but probably tolled as I moved to NV prior to 4 year SOL for CA, so NV's borrowing statute is of no help here.  As many recommended I laid low, didn't open accounts or do inquiries, and froze my credit due to other fraud (I think by collectors but impossible to prove). I ignored small (~$20) "refund" checks by the OC, probably an attempt to bait me into revealing a location or account. I am now approaching the 6 year SOL for NV (finally).

All previous collectors behaved the same way: send dunning (always to my credit report's current address - a CA mailbox I check monthly and which I am happy not to update by applying for credit somewhere), leave one FDCPA-friendly voice message, then auto-dial the hell out of my phone as I lookup and block all the unknown numbers. Perfectly civil (for a collector) and not really a problem. I kept my cell this whole time so that they would never reach a new owner and label me as "unreachable" and put me in the "check to sue" stack. I've kept relative control over them.

The new one, calling themselves a "location service", is behaving differently by calling anyone they think is related to me, including people with my wife's maiden name. I know they do it just to embarrass people into calling them and paying, but I'm not taking the bait. However, that makes me wonder if they can find me or not, and whether they have an end-game or know the SOL is coming up (the OC always contracts collectors and never sells their debt, from what I read - they may have access to records I don't at this point). The amount (what the dunning letters say) is also six figures so I need to play it smart. Although the behavior is new (to me), I am hearing it's quite common collector practice to "call to locate" not really to locate but just to harass, and once per person is legal provided they don't violate other FDCPA provisions (which AFAIK, they didn't). I don't think it really indicates they will take other action (but could be wrong).

I have been told, they can attempt to sue in CA claiming last known address, but I can counter-sue as FDCPA violation for wrong jurisdiction. However, what I am reading elsewhere is the location of contract OR where I live is a valid target, so I am keeping an eye out for "newspaper service" in the jurisdiction of the mailbox just in case. I don't know if NV considers the first time an action is brought to it's own court - directly or by some domesticated judgement from another state done without my knowledge - if after NOV 2016 the SOL defense becomes absolute regardless of any other factors? I've never communicated with any collector verbally or in writing (I screen all calls) so I don't see any way they could  have"reset" the SOL.

Should I be doing something in case they sue? Or, do I just sit and wait for the SOL to pass, what then? I'm a little edge because if they know it's close they might get more aggressive and I don't want to be caught off-guard. Suggestions? I was told after SOL to send a C&D but NOT mention the SOL, and only raise it in court if needed so as not to let them know that I know SOL has passed.

 

 

 

 

 

[shellieh98]

sit and wait.  If they do sue in cali (stupid if they think you live there, as the sol would have past) and they do get a default, you can easily get it overturned.  Once overturned, they would have to file a NEW case in NV, they can't transfer the one from California.  By the time all this to happen, the sol would be done in NV also.

Another note, if they didn't know you moved to NV, who's to say you didn't move until last month?  You have your phone and mail box to prove residency. I wouldn't worry about it a whole lot.

[BV80]

@BinaryMan

What kind of debt is it?  

[BinaryMan]

Private loan with promissory note. As such apparently it falls under California's commercial code which makes the SOL actually 6 years regardless of whether the jurisdiction is CA, NV, or UT (the state the contract states as governing jurisdiction, presumably where the lender resides). 

[shellieh98]

Well, looks like you will need to lay low until December, then you should be good to go.  If it is a large loan, they may try to serve  you by publication. If that happens, you can hope it is late enough that if you get a default, you will be able to get it overturned, and they will need to file in your jurisdiction.