11-17-2012 11:54 AM
I'm fairly certain the SOL on my cc debt expired over a year ago, but I was reviewing my account information and realized I opened three of the accounts in one state (NV) before returning to CA. I wouldn't even say I was a resident of NV, but I stayed there for approximately four months to help a family member and would've used the Nevada address on my applications at the time because I didn't know where I was moving at that point.
My understanding is the SOL is the same in both states (4 years), but I just wanted to double check that there wasn't an issue with tolling the SOL in NV. All the accounts went delinquent at the same time, a good 18 months after I returned to CA in August 2007.
One of the three accounts is settled anyway, but I wanted to make sure I'm clear on the legal status of the other two before I proceed with any attempts to settle in the future.
11-17-2012 12:06 PM
The prevailing SOL in any legal action is that of the jurisdiction where the legal action is brought.
What your prevailing SOL might be depends upon where they are entitled to bring their action.
In most instances, the jurisdiction is that of the current residency of the defendant.
However, if you are dealing with a debt collector, the FDCPA specifically gives them the option of bringing legal action in either the jurisdiction where the contract creating the debt was signed, or in the current jurisdiction of residency of the consumer. FDCPA 811. The SOL used at trial will then be that of the jurisdiction of that court.
I doubt they would bring legal action in a state outside of your current residency, as it can create a bundle of legal service of notice problems.
11-17-2012 12:34 PM
Do you know at what point, if any, the SOL would run out for both states? It's hard for me to imagine they would file suit in NV. I just want to make sure I have nothing to worry about.