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SOL resetting

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chevyman
Contributor

Re: SOL resetting

Sorry but in other posts I mentioned that my ex opened this account in my name after I moved out
Message 11 of 22
RobertEG
Legendary Contributor

Re: SOL resetting

There is only one party who determines if and when an SOL is reset or has expired.  A judge.

The statute of the state of trial must be compared with the proofs offered by each side, and a determination made by the court.  Part of that determination is the date the SOL begins, which depends upon whether the statute provides for such reset, and whether the act that supposedly reset the SOL is proven.

 

I know of no state statute that has any reset provision based on sale of a debt.  SOL reset, where it applies, is based on acts taken by the consumer, such as payments or firm offers to pay, not upon acts taken by the owner, such as their sale of the debt.

 

Message 12 of 22
chevyman
Contributor

Re: SOL resetting

this is a collection that from a book club that my had joined aftrer i moved out of the appartment but she used my name i disputed it once and it must have been reinserted and i never recieved  the dunning notice on any occasion as the address the CA sent it to is not a current address and has not been a current address of mine since may of 2004 and from what the collection company said the order date for the books was october of 2004 at which time i was emplayed and going to college residency was the dorms and this was 227 mile away from the shipping location now the statute of limitaions i believe has ran out on the id theft part of it now what do i need to get this disputed and removed i just recieved t he proof i was emplyed in another town i did send out a DV on monday the first time this was reported was in 2011 and them re-reported in 2012 i did contact the OC that the CA told me send an email to the billing and shipping info associated with this account so now what do i have to do to prove that this is not mine

Message 13 of 22
guiness56
Epic Contributor

Re: SOL resetting

What do you mean by the SOL has run out on the ID theft? 

 

Did you live in a community property state?

Message 14 of 22
chevyman
Contributor

Re: SOL resetting

Its north dakota and was never married to her and was told nd has a 5 year SOL on id theft
Message 15 of 22
guiness56
Epic Contributor

Re: SOL resetting

Statute of Limitations:
Prosecution for this offense must be commenced within six years after
discovery by the victim of the theft.
Message 16 of 22
chevyman
Contributor

Re: SOL resetting

 
Message 17 of 22
chevyman
Contributor

Re: SOL resetting

So then I first found out about around April 2011when this collection appearred then I would be with in the statute of limitations
Message 18 of 22
guiness56
Epic Contributor

Re: SOL resetting

That SOL is for prosecuting the person who committed the fraud.  You would have to file a police report.

Message 19 of 22
DiabolicallyRandom
Established Contributor

Re: SOL resetting

So the collection is from the charges that originated in 2004?  I would contact the OC again and request that they send you copies of all the statements.  There is a chance it is past its exclusion date. It would also be more proof for the police report.

Message 20 of 22
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