Which States allow tolling of SOL?

[Anonymous]

I want to know which states allow tolling the SOL, and for what reasons? Is credit cards considered an open account or a contract? What is the discovery rule? if and how can it be applied towards tolling the SOL on a credit card debts?

I have seen sites that list the state by state SOLs, but nothing about tolling.

[Anonymous]

To tell you which exact states toll SOL would take extensive research considering how many states there are and how jumbled some of the state's statutes and codes are written.

Generally, a CC is considered an open account.

[Anonymous]

OK, it will be difficult to get for all states. If I want for a specific state, whom should I contact. State Attorney General?

[RobertEG]

Entirely state law, and state law can change in each legislative session.  You can get generic, and often outdated, charts of each state SOL by simply Googling SOL Debt.

Most states consider, due to written offers, that CCC accounts are wriitten contracts, and opposed toi open offers, but again, you need to read each state law.

And some state SOLs can be reset due to payments made by a consumer subsequent to the date of debt delinquency, and some states also provide that a creditor can petition the court for an extension of the SOL without your prior knowledge. So dont rely upon generic charts if entering a court proceeding. There are also separate state SOLs for periods for bringing suit on initial collection of debt, and longer SOLs for collection of debt after a judgment.

Be aware that tolling of the SOL is not a bar against any creditor bringing suit. The SOL is an absolute legal defense against suit, but requries your proof of its expiration, and the burden is on you.

Get a lawyer if SOL is a major legal concern.   It is not plain vanilla.  The State Atty Gen wont give you legal advice on you factual situatiion.  All they will give you is the law.

Message Edited by RobertEG on 08-25-2008 01:38 AM

[Anonymous]

Let's say you wanted Missouri's laws. I would start by googling "Missouri State Statutes" or "Missouri Statutes of Limitations"

If nothing came there, I would go to the each state's website and try and find the code or statutes for each state and find the chapter applicable to SOL.