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

stef37 wrote:
SOL does not go by the state the CA or OC is in. OP was living in a different state when the account was opened then moved. Therefore it is possible to be sued in either.

Now I'm confused ... according to several legal websites, the SoL is determined by either the state the debt originated in, the state the OC resides, or the state the debtor resides in.

Meaning, if I lived in VA and had a debt (pretty sure it's one of those that stops the toll when you leave and resumes when you move back) originating in 2003, and I leave in 2004, the clock stopped at "1 year" ... and if I move back, it starts from that point.

Now, I live in FL, and my state doesn't have the "stop the clock" policy ... so according to MY state's laws, my SoL would be satisfied. But by VA's SoL, I'd still be legally liable. Therefore the OC/CA could sue using the VA law, right?

So what does the SoL go by? Not the debtor's state -- it couldn't if some states had the clock stop when the debtor moves. Or am I misunderstanding (which happens A LOT)?

No offense meant ... just REALLY confused!! o_O


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!!