Question about SOL that expired in previous state, but current in new state

[Anonymous]

Here's a doozy of a question...

I have two old Capital One cards that are charged off. Original amounts were for $700, but they now are stating almost $4000 owed between the two and interest is compounding daily.

The dates these are scheduled to fall off my reports are 5/09 and 10/09. This would tell me that the DOLs are 5/02 and 10/02.

The SOL for suing on these debts in the state I was formally in (and the state I was living when I got the cards) was 3 years. That would have brought the SOL dates for suing to 2/05 and 10/05. I was still living in that state at the time of the SOL expiration and was not sued.

In 2006 I moved. The state I'm currently in has an SOL of 6 years. Can Capital One now use the new state's SOL of 6 years and still come after me and try to sue if I was at all times during the SOL time period living in the state that had the 3 year SOL and did not leave until a year AFTER the SOL expired in that state?

Confusing...

Message Edited by mxnuy1 on 10-19-2007 09:24 PM

[Anonymous]

they have the right to sue in either state....do not mess with CRAP1   they will sue on a dime!!  Wait till after 6 years.......even wait till month after.

They sued a forum member in Fl. 3 days before SOL

Message Edited by HappyDays on 10-20-2007 08:31 AM

Message Edited by HappyDays on 10-20-2007 08:31 AM

[Anonymous]

So if I'm offered a settlement, I better take it, huh? If I pay will it restart the 7 years?

[Anonymous]

If you haven't disputed or done anything with this ...you have a chance of waiting till 10/2008....then you know that you are past SOL.

Cap1 usually doesn't settle for less then full amount.

Message Edited by HappyDays on 10-20-2007 10:11 AM

[Anonymous]

Interesting...because I received an offer to settle for less on one of these from a CA a short time ago.

[Anonymous]

most CCC turn CO over to CAs after a few years...the CA might send an offer to settle. IMO  they do this to draw you out.