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a collection agency (third party) is attempting to collect a possible debt from me, that i have reason to believe does not exist. I am aware of the dv, pfd process. However, I have quesitons regarding STATUTE OF LIMITATIONS. Before i go in depth on that i should not that the debt is from 10/2008. I lived in TX from 2008 through 2012 and recently took a job in DENVER CO. TX has a four year statute of limitations. Thus, shouldn't I be able to get this debt discharged? I moved to Colorado June 11, 2012. Or does the fact that I moved to Denver screw up the good thing that I had going in TX for SOL? If anyone can give me advice as far as if i can claim SOL on this and whether me living in Colorado since June 2012 effects this at all? In addition, how would the collection agency even be able to determine what mont and day I moved to Colorado? I hope that someone can help me with this. Thanks so much in advance, I look forward to seeing some responses!
SOL applies to the current state ( right now today) that you reside in.
SOL prevents you from being sued and a judgement placed against you.
It does not stop the collection process or the debt being due.
Or the reporting of such debt on your credit report.
how certain are you of that? for example, say that the dofd was 10-01-08. I move from TX to colorado the last day of September 2012. Does that mean that I no longer have the SOL defense?
Very certain. So, no, the SOL for TX no longer applies, depending on the new state laws. In some states when the SOL expired on a debt incurred in another state, they do not allow the new SOL.
Did that make sense?