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11-26-2013 07:17 AM
Trying to gather the courage to take on Midland.
I have an open collections from Midland (opened 2008, I think), due to an unpaid TMobile bill for an account that I opened in Virginia.
I now live in Tennessee.
I’m assuming this counts as an “Open” type of collections account when it comes to SOL? It appears that I would fall under Virginia’s rules for this, and not Tennessee’s?
11-26-2013 08:19 AM - edited 11-26-2013 08:29 AM
Edit: Don't listen to me at all. Robert is wayyyy smarter
11-26-2013 08:23 AM - edited 11-26-2013 08:24 AM
The creditor/CA has the choice of which SOL to use. However, it is most always in the state you currently reside. You cannot be sued where you do not live and not many judges will not honor an SOL from another state.
11-26-2013 08:23 AM
The term "Open" is, unfortunately, used in many different contexts.
All collections have an "Open" status until closed.
Debts are additionallly categorized into one of three types.... revolving, installment, and open. Open in that context refers to an account where the debt is due in full when billed, and does not have subsequent billings that either revolve around your current balance or have a set amount based on an installment contract.
Phone payments are due upon billing, and thus are Open tyoe debt.
State SOL statues place different SOL periods based on the type of account/debt, not the status of a collection account with a CRA.
As for the SOL to be used in any legal proceeding, the law of the jurisdiction where the legal action is brought determines the law that the court must apply.
Debt collectors have the specific option under the FDCPA to bring legal action on debts other than those secured by personal property in either the state where the contract creating the debt was signed, or in the jurisdiction of current residency of the consumer.
Thus, the relevant SOL will depend upon their choice of jurisction for their action.
Many state SOL statues will include specific provisions for periods of non-residency, and thus might indirectly bring into consideration the statute of another state.
I suggest your review the statutes for each state regarding Open-type debt for details on their periods and provisions of any non-residency.
11-26-2013 10:18 AM
All else being equal, they will usually bring action in your current state of residence, as it makes administration easier, such as service of notice of their action and any pre-trial discovery documents required by the court.