Directv Convergent need some advice

[Anonymous]

I received an alert that my Experian has a new Collection from Convergent for Directv.

I ordered the report online but that doesn't show the DOFD, just the "open date." I am ordering my paper copy to get the correct DOFD.

I have done the math on paper and this debt is between 4yr6mo to 4yr8mo old (giving them two months for it to become late originally, if that makes sense).

This debt was incurred in a state where the SOL is 4yr credit, 5 yr written.

I currently live in Texas (past three years) which the SOL is 4yr for both. I am not sure if this helps me or not.

My question is, do I wait for my first move until I receive a letter from the Collection Agency.  Also, which SOL applies if I live in Texas now?

thanks 

[rmduhon]

Experian will show the estimated date of removal (or something similar). That is based upon the DoFD. EQ is the only one that actually shows the DoFD. Open date is when the CA acquired the account, either by buying it or being assigned it. As for the SOL, I'm not sure. If you want to, you can wait until 5 years is up before doing anything to make sure the SOL is passed.

[Anonymous]

Do you know which state's SOL applies?

The one from 4.5 yrs ago or my current state that I reside in?

Thank you

[rmduhon]

I'm not sure to be honest. I think they'll use your current state of residence, but I could be wrong

[RobertEG]

The SOL that must be applied by the court is the SOL for their state.

Thus, the prevailing SOL in a civil action will be that of the state where the action is brought.

FDCPA 813 explicitly gives a debt collector the option of bringing civil action for all debt (other than that secured by real estate) in either the state where the contract creating the debt was signed, or the state of current residence of the consumer.  However, for several administrative and legal reasons, civil action will almost always be brought in your current state of residence.

Some state SOL's include specific provisions that "borrow" provisions from a prior residency state's SOL statute, provided they are more favorable to the consumer.

If civil action is brought in your current state, and yet the prior state had a shorted SOL, then your current state SOL would "borrow" that shorter period.  However, if the prior state SOL was longer, it would never increase the SOL under your current state.