SOL question

[Anonymous]

When a debt is outside of the SOL can you still be sued to collect that debt? I know they can't legally put it on your CR, I am just wondering can they  maybe sue or garnish me?

[llecs]

Know that there's a difference between SOL and CRTP (the 7-7.5 yr reporting period). SOL is the time frame a creditor has to sue you and is set by state law and debt-type. CRTP is set by federal law (FCRA) and that spells out the 7-yr period. So, SOL can expire but they still can report if your SOL was less than the 7-yr period.

A creditor can sue you if past SOL, but your defense in court is that SOL expired and if so, the judge would dismiss it. If sued inside SOL and if you lose, then your state has yet another SOL from the judgment date by which to collect via a garnishment or similar.

[Anonymous]

---

@Anonymous wrote:

When a debt is outside of the SOL can you still be sued to collect that debt? I know they can't legally put it on your CR, I am just wondering can they  maybe sue or garnish me?

---

Short answer:  No.

Long answer:  They can try to sue.  You should assert the SOL as an affirmative defense.  If you do not appear and they obtain a default judgment, in some states you could probably have the judgment later vacated.  It is also likely that suing you outside of the SOL involves a FDCPA violation and you could sue the CA.