How SOL works Random Question

Anonymous · ‎11-12-2015

So I'm very confused on how exactly the SOL works. I currently live in Texas but all of my debt was occured between Kansas and Missouri. My question is, with items that have been 6 or so years old can they be removed since its past Texas' SOL or do I have to wait for it to come off in the time the original state the debt was accrued?... Im sorry for the confusion. Its weird trying to word this but hopefully someone gets the jist of my question. Thanks!!

Anonymous · ‎11-12-2015

SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

Anonymous · ‎11-12-2015

@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around

Anonymous · ‎11-12-2015

@Anonymous wrote:
@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around

It can get complicated, but if its only a collection agency involved and not the OC, they generally have to sue in your CURRENT state of residence, and thats the SOL would apply. An OC usually has the option to sue in their home state, but often that is Delaware which has a short 3 year SOL. Most states also have a "borrowing" statute, which will "borrow" the SOL of the state you reside in if you are being sued by someone in another state, AND your state has a shorter SOL. Also, if more than one state potentially has jurisdiction, the plaintiff generally cannot "pick" where they sue based solely on improving their standing in court - in other words they cannot choose a different state than your state of residence simply because it has a longer SOL. Kansas has a 5 year SOL on contract debt, so You are most likely safe there. Missouri has a 10 year SOL on contract debt, but its 5 years on open ended debt (Credit cards). What sort of debts would be from Missouri?

RobertEG · ‎11-12-2015

A debt collector has the express option under FDCPA 811, if the debt is not secured by real property, to bring legal action in either the jurisdiction of current residence of the consumer or in the jurisdiction where the contract creating the debt was signed.

Thus, you may not know in advance where they will bring action. The prevailing SOL in any trial is that of the jurisdiction of the court.

However, many states incorporate provisions in their SOL codes that "borrow" certain provisions of other state SOL's, such as any shorter period of expiration of their SOL.

Thus, while the SOL of the state where the action is brought must be used, it can oftern include by reference some provisions of your prior state of residence.

In most cases, the debt collector will opt to bring any action in the jurisdiction of current residence of the consumer for numerous reasons.

Primary reasons are to simply the service of papers, and to avoid any future need to obtain a later "domestication of the judgment" in your current state.

If they obtain a judgment in another state, it is not immediately enforceable in your current state of residence. They must then file with a court in your current state to get the judgment "domesticated" and thus enforceable in your current jurisdiction of residence. A bunch of additional hassle that is avoided by simply bringing action in your current state of residence.

Anonymous · ‎11-12-2015

@Anonymous wrote:
@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around

I know it is......that's why there are whole areas of law and specialized lawyers that do that stuff. Just remember, that even if they can't sue you - if you never pay it off - it can come back to haunt you later - or get bought up by zombie debt buyers who will harass you.

Anonymous · ‎11-13-2015

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around
It can get complicated, but if its only a collection agency involved and not the OC, they generally have to sue in your CURRENT state of residence, and thats the SOL would apply. An OC usually has the option to sue in their home state, but often that is Delaware which has a short 3 year SOL. Most states also have a "borrowing" statute, which will "borrow" the SOL of the state you reside in if you are being sued by someone in another state, AND your state has a shorter SOL. Also, if more than one state potentially has jurisdiction, the plaintiff generally cannot "pick" where they sue based solely on improving their standing in court - in other words they cannot choose a different state than your state of residence simply because it has a longer SOL. Kansas has a 5 year SOL on contract debt, so You are most likely safe there. Missouri has a 10 year SOL on contract debt, but its 5 years on open ended debt (Credit cards). What sort of debts would be from Missouri?

Im not being sue at all atleast that I know of right now. I guess the question I asked was wrong. I was trying to figure out long does it have to be on my credit report before I can ask for an early removal or have it removed in general which is probably a different topic of discussion. If I'm right any debt will remain on your CR for 7 years?..... Unless its a judgment of some sort. Correct?...

Anonymous · ‎11-13-2015

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around
It can get complicated, but if its only a collection agency involved and not the OC, they generally have to sue in your CURRENT state of residence, and thats the SOL would apply. An OC usually has the option to sue in their home state, but often that is Delaware which has a short 3 year SOL. Most states also have a "borrowing" statute, which will "borrow" the SOL of the state you reside in if you are being sued by someone in another state, AND your state has a shorter SOL. Also, if more than one state potentially has jurisdiction, the plaintiff generally cannot "pick" where they sue based solely on improving their standing in court - in other words they cannot choose a different state than your state of residence simply because it has a longer SOL. Kansas has a 5 year SOL on contract debt, so You are most likely safe there. Missouri has a 10 year SOL on contract debt, but its 5 years on open ended debt (Credit cards). What sort of debts would be from Missouri?

Just 2 medical bills from when I was in college and without insurance which is probably a total of 1500 bucks. 3 CO'ed credit cards First Premier, Credit One and a Macy's card all under 400 bucks a piece.

Anonymous · ‎11-14-2015

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
SOL - Statute of Limitations only applies to how long you can be sued for the debt. It has NOTHING to do with how long it can report on your credit report - 7 years + 180 days. Tho most remove at the 7 year mark.

Also - even though you now live in Texas - sometimes the old states SOL is going to apply - check the agreements/etc. It can be where you lived at the time the credit was taken out - it can be the place the Defendant (you) lived at the time of default or it can be where you currently reside. It's tricky depending on type of debt, etc.

ehhh...that seems really complicated. But thanks for the info. I'll just let them do their thing when the 7th year rolls around
It can get complicated, but if its only a collection agency involved and not the OC, they generally have to sue in your CURRENT state of residence, and thats the SOL would apply. An OC usually has the option to sue in their home state, but often that is Delaware which has a short 3 year SOL. Most states also have a "borrowing" statute, which will "borrow" the SOL of the state you reside in if you are being sued by someone in another state, AND your state has a shorter SOL. Also, if more than one state potentially has jurisdiction, the plaintiff generally cannot "pick" where they sue based solely on improving their standing in court - in other words they cannot choose a different state than your state of residence simply because it has a longer SOL. Kansas has a 5 year SOL on contract debt, so You are most likely safe there. Missouri has a 10 year SOL on contract debt, but its 5 years on open ended debt (Credit cards). What sort of debts would be from Missouri?
Just 2 medical bills from when I was in college and without insurance which is probably a total of 1500 bucks. 3 CO'ed credit cards First Premier, Credit One and a Macy's card all under 400 bucks a piece.

The medical bills would fall under contract debt - ten years in Missouri, and the credit cards would be 5 years.

Anonymous · ‎11-14-2015

7 years plus up to 180 days for charge offs, collections etc. Up to 10 years for bankruptcy and public records. Each cra has different early exclusion guidelines, from 6 months down to 1 month. Hope this helps :-)

ETA credit reporting and SOL are two different things and one has nothing to do with the other. That may be why there is confuion about your post. SOL covers how long you are able to be used in court for collections/charge offs, etc. Credit reporting is not influenced by this.