Senior Contributor
Posts: 3,494
Registered: ‎05-25-2008
Re: DV sent, no response yet

momof2 wrote:
I sent a DV to a CA that was signed for on 5/12/08, still no word yet from them, nor have they had us served, SOL is not passed in that state debt incurred but has passed for calif. I assume if they were going to sue us they would have by now, or am I jumping the gun?
Since it is so close to their 30 day's what are the chances of them validating?

SoL depends heavily on the state YOU are in and/or THEY are in.

Some states have laws that stop the "tolling" or stops the clock once you leave that state ; therefore, if you incurred the debt in say, Minnesota (don't know MN's laws, just giving an example) and MN's law says that the clock stops ticking when you leave the state, it will stay "set" on the year you left and will resume when you move back.

While it's more usual that the most lenient (to the consumer) laws are followed as to the "tolling," that's not always the case ...

I think whether or not they sue depends on how much you owe. They'd have filing costs to incur and it might not be worth their while. Especially since if you care about your credit and you're not close to SoL, they have just as good a chance to collect while they hold dings to your credit over your head.

I think what you have to watch for most in terms of when they might sue is right before the clock runs out ...


Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!