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Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: Has anyone ever known Midland accepting a PFD?

It is my understanding that California does toll SOL. I am not good at interpreting legal writing but this is what I found.

 

351.  If, when the cause of action accrues against a person, he is
out of the State, the action may be commenced within the term herein
limited, after his return to the State, and if, after the cause of
action accrues, he departs from the State, the time of his absence is
not part of the time limited for the commencement of the action.

 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363

 

The way I read is if the cause of action(the default) occurs on Jan 1, 2002 and you depart the state Jan 1, 2003. The SOL stops running until you return to state, if you don't return to the state, you essentially are not ever beyond SOL.

 

I found this from Texas Statutes---

 

Sec. 16.066.  ACTION ON FOREIGN JUDGMENT.  (a)  An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered.

(b)  An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the action in this state.

(c)  In this section "foreign judgment" means a judgment or decree rendered in another state or a foreign country.


 

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.



 

Sec. 16.067.  CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE.  (a)  A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.

(b)  A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.

(c)  A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (b).

 

http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.16.htm

 

IMO, you are not beyond SOL.

 

However, Midland may not be aware of this.

 

IMO, call CitiBank and speak with them. See if they have more than one account for you and ask what the status on that accounts is.

 

For Cap One....they are bad about filing suit just before SOL expires. If you believe you don't owe it, you may wait it out and hope they don't file suit and if they do, hope you can defend yourself in court and convince the judge you don't owe. If you are not comfortable taking that risk, then PIF and GW them to death for the next year until it falls off.

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Frequent Contributor
molly73
Posts: 381
Registered: ‎05-18-2008
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Re: Has anyone ever known Midland accepting a PFD?

thanks for the info...this is the first time anyone has ever said that i maybe within SOL.......just seems so odd that these are set to drop in 2010...but yet i maybe within SOL.

 

should i just contact Cap 1 & see if they would settle & show that the account was paid in full?

 

ugghhhh

Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: Has anyone ever known Midland accepting a PFD?

Even after they drop, you would still be within SOL. Technically, unless you went back to CA and finished out the SOL you would always be within SOL.

 

If you settle with Cap One, they will likely report "legally settled for less than the full amount".

 

If reporting as a CO, the comment "settled" will affect the score the same as CO does. If not reported as a CO, then having it report "settled" would ding your score like a CO would.

 

Whether you settle or PIF would be up to you. Considering it is falling off in a year and if you aren't planning to app for a mortgage within that time frame, I would settle and save a little money. That is just me.

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molly73
Posts: 381
Registered: ‎05-18-2008
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Re: Has anyone ever known Midland accepting a PFD?

so i would settle to avoid a lawsuit against me then...that would be the only reason?

how should i go about settling with them?

can i make an offer that is below what they are asking for?

any settlement letters you recommend?

 

i know i can settle with midland.

capital 1 i never hear from except that they verified the account.  that account is still open...i don't want to dinf my credit...do i need to pay it in full?

 

i still find it hard that i am still within SOL...so they could sue me in TX based on Cal SOL?

Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: Has anyone ever known Midland accepting a PFD?


molly73 wrote:

so i would settle to avoid a lawsuit against me then...that would be the only reason?

how should i go about settling with them?

can i make an offer that is below what they are asking for?

any settlement letters you recommend?

 

You can call to see if they will settle or you can draft a letter offering to settle for a certain percentage. Just make sure it states settled in full for less than the amount owed, with no balance due in their agreement.

 

i know i can settle with midland.

capital 1 i never hear from except that they verified the account.  that account is still open...i don't want to dinf my credit...do i need to pay it in full?

 

Can you copy/paste what your report is showing on this account? Is there anything negative reporting?

 

i still find it hard that i am still within SOL...so they could sue me in TX based on Cal SOL?

 

 Texas SOL statutes state that when the claim incurred prior to moving to the state it is only barred when a BK has released you from payment or SOL has expired in the prior state. California statutes state that when you become absent during the running of SOL that it stops. So, the debt is not barred under California laws and to my knowledge, you haven't filed BK.


 

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