How to calculate sol when you have moved ?

[Anonymous]

I have collections and a couple of judgments from when I used to live in Oregon. Moved here in 2012 . How do I treat sol? Do I use oregon' s or California's ?

Also is vacating a paid judgement from Oregon possible now that I live in California ?

[RobertEG]

The SOL in any legal action will be the statute of the jurisdiction of the court.

While debt collectors have the option under the FDCPA to bring legal action in either the jurisdiction where the contract creating the debt was executed or in the jurisdiciton of currernt residency of the consumer, they will almost always, for reasons fo later enforceability of any judgment, bring legal action in your current state of residence, making that the SOL that the court must use.

Howerver, many state SOL statutes include specific provisions for using the SOL period of the former state of residence where the debt was established if that state has a shorted SOL.  That effectively incorporates the other state's SOL period into your current state's SOL.

Check out the details of the SOL statute in your current state or residency for such a provision.

[Anonymous]

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@Anonymous wrote:
I have collections and a couple of judgments from when I used to live in Oregon. Moved here in 2012 . How do I treat sol? Do I use oregon' s or California's ?

Also is vacating a paid judgement from Oregon possible now that I live in California ?

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The judgement enforcement period would be controlled by Oregon law - HOWEVER, to enforce it would require it to be "domesticated" to your new home state of California, and it would then be controlled by California law. Be aware that Judgments have their own "lifespan" that runs from the filing date of the suit and is completely independant of the SOL of the original debt.

The collections would generally be limited by the SOL of California. I beleive California also has a borrowing statute as well, but those as a general rule only allow the borrowing of another states SOL when its SHORTER.

[gdale6]

Vacating a paid judgment in OR is dependent on ORs laws allowing such, I dont believe they have such a statute. CA has some of their own credit reporting laws and now that you are living there those laws will apply even if something occured in another state. You can look up the CA laws online to see what is different over federal laws.