explain tolling, please

Anonymous · ‎10-29-2007

I don't think I quite understand what exactly tolling is/does.

As far as I can tell from previous threads, if the SOL is 10 years and you move after just 5 - that leaves a toll of 5 years after a move?? What happens if I never move back to the original state? Does the 5 years get added on only if I return to that state? Can they sue me in a different state or do I then acquire that state's SOL??

Help me to understand this phenomenon. (sp?)

Anonymous · ‎10-29-2007

Legal debt collector actions under the section 811 allows debt collectors to sue consumers for the purpose of obtaining court judgements for debts but, only in the judicial district where the consumer resides or signed the contract, except that an action to enforce a security interest in real property which secures the obligation must be brought where the property is located.

A collector can only sue you where the contract is signed or where you live. Tolling is a legal term that State Statutes STOP or DELAY the SOL (statute of limitations)

It is alot easier to answer this type of question if we know:
1. What state the contact was signed
how long the contract was in default before leaving the state and what state the party is now.

To try and answer you question directly:
What happens if I never move back to the original state?

If the SOL has not expired or the SOL is tolled they can sue you in this state if the contract was signed here.

Can they sue me in a different state or do I then acquire that state's SOL?

They can sue you based on the SOL of the state you are living in- The SOL starts when the contract was defaulted.

Anonymous · ‎10-29-2007

Well, husband and myself currently are in IL. We are moving next month to MO. Husband has lotsa collection/charge-offs.

I read that SOL for IL is 10 years. I also read that it is a toll state. I do not think we will ever move back to IL again.

Anonymous · ‎10-29-2007

The SOL is only tolled in "injunction, court order or by statutory prohibition"

Illinois Statutes of Limitation

Breach of contract for sale under the UCC: 4 years.

Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

Domestic judgments: 20 years, but can be renewed during that 20-year period.

Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

Anonymous · ‎10-29-2007

I signed up for a jewelry card that is currently a bad nasty baddie, while I was in the Bahamas. How does that work? Are they not allowed to sue me?

Anonymous · ‎10-29-2007

They can sue you where you signed the contract or where you are currently residing.

@Anonymous wrote:
I signed up for a jewelry card that is currently a bad nasty baddie, while I was in the Bahamas. How does that work? Are they not allowed to sue me?

Warsaw Convention is timed-barred under the Convention s s two-year statute of limitations.

Message Edited by Timothy on 10-29-2007 05:34 PM