cancel
Showing results for 
Search instead for 
Did you mean: 

How to Which State for Determining Statute of Limitations?

tag
Anonymous
Not applicable

Re: How to Which State for Determining Statute of Limitations?

Message 11 of 16
Shogun
Moderator Emeritus

Re: How to Which State for Determining Statute of Limitations?


@Jutz wrote:

I've been meaning to ask that, so I'm glad someone did.  Thanks guys.

 

A quick point on SOL.  SOL refers only to the amount of time a CA can contact/attempt to try to collect, however regardless of SOL, it will be reported to the bureaus for the full seven years, correct?  And the SOL starts after first dunning?  Or is there another date it starts on?


SOL refers to the time period which the CA can sue you or get a judgement.  They can try to collect forever until the debt is paid.  The CRTP is the time period which they can report to the bureaus.  This occurs on the DOFD, the Date of First Delinquincy.  This is when the account went unpaid and wasn't brought back up to current.  The CRTP for this is 7 years + 180 days.  Now, once it falls off, they can still try to collect.  We commonly refer to this as "Zombie Debt".   

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 12 of 16
Elcid89
Contributor

Re: How to Which State for Determining Statute of Limitations?


@Shogun wrote:

They actually have the option of using either state.  Sorry.  Smiley Sad


Only in the case of a signed contract, which revolving debt doesn't involve. In the absence of a signed contract or a real property dispute, debt collectors are required by law to bring suit against you in the state in which you live at the time they file the action.

 

FICO 04 scores: 809 (EQ) 812 (EX) 818 (TU)

Amex Platinum NPSL - Citi HHonors Sig. $58k - BMW Ultimate $40k
Chase Sapphire Preferred $62k - Merrill Lynch + Signature $41k - USAA Rate Advantage $28k
NFCU Flagship Signature $50k - USAA Cash Rewards AMEX $28k
Citi Platinum Select / AAdvantage Signature $31k - Chase Amtrak Rewards World MC $41k

Message 13 of 16
Anonymous
Not applicable

Re: How to Which State for Determining Statute of Limitations?

Thanks Elcid89,

I did think I read that somewhere.  Thanks for confirming.

 

 

Message 14 of 16
LIGHTNIN
Senior Contributor

Re: How to Which State for Determining Statute of Limitations?

Check your state laws for SOL, because it varies state to state.

States are always updated or creating new laws, so be sure you are reading the most current info.

 

There's also a thing called tolling or the correct word is called "time barred". 

This is were the SOL, can be reset. 

 

Here's a link for more info http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm

 

Another way to find out your states SOL on a debt is to, contact a local attorney.

FICO Sept 2025 EQ759 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 15 of 16
Anonymous
Not applicable

Re: How to Which State for Determining Statute of Limitations?

Hi Lightnin,

Thank you for this information because I didn't know that part about "time barred".

 

Thanks again!

Message 16 of 16
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.