Bowsd: Should I DV: What about Tolling regarding SOL: HELP anyone.

[Anonymous]

To anyone who can help especially Noah-Bodie,Tuscanie and Bowd:

I have an old debt from a credit card company that was turned over to NCO, NCO recently turned it over to Portfolio Recovery Associates who sent me a debt collection note this week.  This is due to fall of my credit report July 2008.  I lived in a state that had a 3 yr SOL and the DOLA was around Sept 2001.  I moved to another state in the summer of 2003 where the SOL is 5yrs.

If I go by the state that I live in now, the SOL has passed, If I go by my prior state it has also passed. However, I'm not sure about this matter called, 'tolling'. Does this mean that the SOL time stops the minute that I left my prior state? If this is true, when does it ever stop and will it?

Can someone please clarify this matter and would you DV if it puts you at risk to be sued?

Help please as my 30 days is up in 2 wks or so.

Thanks.

[Boswd]

Always DV  Always.   I would inform the PRA that the debt is time barred.   But remember there is no SOL on trying to collect on a debt just on suing and winning.

As far a Tolling is concerned, I'm no expert on this situation but I think they have to prove fraud, by moving out of state in order to get out from paying your debt.   

What I would do is Yes send in your DV and after you get your repsonse let them that the debt is time barred.  You should be OK.

But to cover your basis, I would your States Attorney General's Office and the State you used to live in, especially the state where you opend the account and see what laws they have for in regards SOL of debt and leaving the state.

[Anonymous]

Thanks Bowsd.  I'll go ahead and DV.

Are you saying that in regards to 'tolling' that they would have to prove fraud by me by moving out of the state in order to get me to be on the hook for paying even though the SOL in both states makes the debt collection time barred?

I'm not clear on what 'tolling' means. Does it mean that the clock stops ticking forever?

[Boswd]

Tolling is a very complicated in terms of debt collection.    I do believe that Tollilng can be enforced if it is proven that you have moved out of state or country willfully in order to get out of paying your debt and basically went into hiding.   For example, no forwarding address, no update on your credit report on your new address, no phone number listed or no new accounts openend up with your current address.

I also believe that it is a state by state situation.   In other words not all states may have a tolling for debts.  

Overall I think you are ok but again check with the state's Attorney General's office of where you opened up this account and see if they do have a tolling law for debts and if so how would this apply to you and your case.

But again I think you are ok and PRC is just letting you know they are know in possesion of your debt.

Go ahead DV and then send a letter stating the Debt is Time Barred.

[Anonymous]

Thanks Bowsd.  I'll do that and I'll call also research the tolling here.  I haven't been anonymous so I know I'm ok on that matter.

Thanks again.

[Boswd]

You're welcome  and good luck especially on the tolling issue any first hand knowledge would be great on here.