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Hello Knewbee, my previous state was MD ad my current state is VA, both states have a SOL of 3 years, I guess my confusion is, when does the SOL start? Because my ex did have a payment plan with the collection agency, does that mean that when he started making payments, the SOL started over? Does the SOL start from when he defaulted from the rental agreement or the payment agreement with the CA? The other thing I read is that when you move from one state to another before the end of the SOL, the previous state pauses/freezes the SOL, i-e it doesn’t expire, till you move back there . Is there any truth to this?
Yeh, I will definitely try to contact them again, I want to make sure I educate myself on my options first and have a solid plan before I do so, in case they can still sue me again, I don’t want to open an old can of worms J Thank you so much for helping!
Hello Lightnin,
Thank you for your message.Yes it occurred while married, however technically we are still married as we have not started any divorce proceedings, we are separated and live in different states but legally married.
Bump
I thought I would answer a few of your questions.
previous state was MD ad my current state is VA, both states have a SOL of 3 years, I guess my confusion is, when does the SOL start?Starts from the DoFD
Because my ex did have a payment plan with the collection agency, does that mean that when he started making payments, the SOL started over?
Does the SOL start from when he defaulted from the rental agreement or the payment agreement with the CA?
In some states the SOL can be restarted by a few things...Admitting that you owe the debt,making a payment or making a payment agreement. Need to check the state laws, to see if these apply.
The other thing I read is that when you move from one state to another before the end of the SOL, the previous state pauses/freezes the SOL, i-e it doesn’t expire, till you move back there . Is there any truth to this?
Yes, this is called tolling,some states have this law others, do not.Again need to check state laws.
Yeh, I will definitely try to contact them again, I want to make sure I educate myself on my options first and have a solid plan before I do so, in case they can still sue me again, I don’t want to open an old can of worms J Thank you so much for helping!
Very very smart to educate yourself before doing anything. Doesnt hurt to check with a local attorney (maybe a few)for their opinion, most offer a free first visit consult. Good luck to you.
Lightnin,
Thank you so much for answering my questions. I guess I am in a worst state than I thought. I just saw that the 3 years SOL for VA was for oral contracts. The lease was signed in MD, so it is a written contract, written contracts have a 5 year SOL in VA and my ex did have a payment plan with the collection agency, does the payment plan restart the SOL even if it was with a collection agency? I guess I should be very careful with this debt and the CA since for all I know, it might very well still be in the SOL