Re: DV sent, no response yet
05-29-2008 03:27 AM
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
§ 811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.