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Established Member
H-Town_Tider
Posts: 21
Registered: ‎09-16-2012

Debt collection SOL

[ Edited ]

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?



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Shogun
Posts: 12,883
Registered: ‎04-15-2011

Re: Debt collection SOL

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.


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Established Member
H-Town_Tider
Posts: 21
Registered: ‎09-16-2012

Re: Debt collection SOL

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.



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Shogun
Posts: 12,883
Registered: ‎04-15-2011

Re: Debt collection SOL

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?


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Established Member
H-Town_Tider
Posts: 21
Registered: ‎09-16-2012

Re: Debt collection SOL

One was for $412 and one was $438.



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Shogun
Posts: 12,883
Registered: ‎04-15-2011

Re: Debt collection SOL

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

 


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scarrollprint
Posts: 382
Registered: ‎06-26-2012

Re: Debt collection SOL

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).



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Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011

Re: Debt collection SOL


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).


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Established Member
H-Town_Tider
Posts: 21
Registered: ‎09-16-2012

Re: Debt collection SOL

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



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Elcid89
Posts: 567
Registered: ‎10-04-2012

Re: Debt collection SOL

[ Edited ]

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.

 

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