topic Re: Debt collection SOL in Rebuilding Your Credit

Debt collection SOL

H-Town_Tider — Thu, 18 Oct 2012 05:20:37 GMT

My wife has two past medical debts (one from 2007 and one from 2008) that went to collections. I want to issue a PFD letter for both, but would like to know the SOL for the debts before doing so. We lived in Alabama at the time the debts were sent to collections, but we currently live in Texas. Which state's SOL do I need to go by?

Also, what are the chances of a PFD working if we're still within the SOL?

Re: Debt collection SOL

Shogun — Thu, 18 Oct 2012 05:24:20 GMT

Looks like 6 years for Alabama and 4 years for Texas. They could use either one.

I've always found medical bills easier when it comes to PFDs. So you do stand a chance.

Re: Debt collection SOL

H-Town_Tider — Thu, 18 Oct 2012 05:34:39 GMT

Thanks! So, if they use the Alabama SOL, they could technically reject my PFD letter and sue me for the debt? I would think they would just accept the PFD if I'm willing to PIF, but I don't want to "wake a sleeping giant" if there is a risk of getting sued.

Re: Debt collection SOL

Shogun — Thu, 18 Oct 2012 05:53:51 GMT

Seems to me like it would be so much easier to just accept the PFD. They get paid and don't have to go through all that hassle. I'm hoping for the best! Besides, if they threaten to sue, you were going to pay it anyway. Just pay it before it went to court. How much was the bill for?

Re: Debt collection SOL

H-Town_Tider — Thu, 18 Oct 2012 06:12:23 GMT

One was for $412 and one was $438.

Re: Debt collection SOL

Shogun — Thu, 18 Oct 2012 06:31:13 GMT

Those are low amounts. Try for the PFD. I've had pretty good success with accounts like that.

Re: Debt collection SOL

scarrollprint — Thu, 18 Oct 2012 13:07:03 GMT

If your currently in Texas and Texas' SOL is 4 years, then it might already be out of SOL.

When filing a suit, you always file in the last known jurisdiction of the defendant. IF they know your in texas (they have been sending you bill to your Texas residence) then they would have to file suit in Texas.

However they could also file suit based on the jursidiction of your last known residence - which is a different state.

By saying "I don't want to poke the sleeping bear" you actually might be keeping making things worse in this scenario because they could try to serve you at your last known residence (and in some states just trying to serve someone at their last known residence even if they don't live there is enough to be proper) and then get an automatic judgement against you.

If you send a PFD and put your current texas address and mention that it is beyond SOL for texas you'll have a much better shot. Also this notifies them of your new address and thus they can't just TRY to file suit in Alabama (and if they do it would be very easy to have it overturned due to improper servicing).

Re: Debt collection SOL

rckstrscott — Thu, 18 Oct 2012 14:04:23 GMT

scarrollprint wrote:
If your currently in Texas and Texas' SOL is 4 years, then it might already be out of SOL.

When filing a suit, you always file in the last known jurisdiction of the defendant. IF they know your in texas (they have been sending you bill to your Texas residence) then they would have to file suit in Texas.

However they could also file suit based on the jursidiction of your last known residence - which is a different state.

By saying "I don't want to poke the sleeping bear" you actually might be keeping making things worse in this scenario because they could try to serve you at your last known residence (and in some states just trying to serve someone at their last known residence even if they don't live there is enough to be proper) and then get an automatic judgement against you.

If you send a PFD and put your current texas address and mention that it is beyond SOL for texas you'll have a much better shot. Also this notifies them of your new address and thus they can't just TRY to file suit in Alabama (and if they do it would be very easy to have it overturned due to improper servicing).

+1000000000000000000

Re: Debt collection SOL

H-Town_Tider — Thu, 18 Oct 2012 17:11:22 GMT

Thanks for all of the replies! I'm going to send the PFD's and see what I can do to get these resolved.

Re: Debt collection SOL

Elcid89 — Thu, 18 Oct 2012 18:19:05 GMT

For purposes of revolving debt, third party debt collectors / buyers are required by federal law to bring any action against you in the state of your primary residence, without exception.

Re: Debt collection SOL

Maingal — Thu, 17 Jan 2013 00:18:12 GMT

Can I get a PFD example please