Which state SoL applies

Anonymous · ‎04-27-2009

Hello all, quick questions.

I'm trying to figure out which SoL applies to me.

I have 2 negatives showing on my reports that may be past the SoL

TU - Date placed for collection 03/2003, Med Collection

EX - Date opened 12/2002, due to continue on report until 07/2009, old Phone Bill

Both of these bills are from when I lived in New York.

I have lived in Florida for 5yrs, 2 months now.

Would the Florida SoL now apply for me?

Thanks,

/D

Anonymous · ‎04-27-2009

You need to read NY state statutes and determine if they toll SOL when you leave the state. Also, read FL statutes to see how they deal with SOL on a debt incurred in another state.

It is possible that both SOL applies.

For medical, you should visit the "Recovering from Medical Debt" board.

Anonymous · ‎04-27-2009

If you were a resident of, obtained services in, and incurred the debt in NY, then I am assuming that NY SOL will apply. I don't think that just moving moves jurisdiction of the debt.

However, Florida laws will now apply to how CA's can contact you, collect, and if they are required to have any bonding/licensing when they seek out collections.

But you do need to study the applicable state statutes and consult an attorney if possible. Referrals from the State Bar usually give a low cost initial consult ranging from $20 to $100 depending on the state and specialty.

Message Edited by txjohn on 04-27-2009 06:42 AM

Anonymous · ‎04-27-2009

Like SideWinder said, both SoLs could apply. The creditor/CA can choose to sue you in the state in which the debt was incurred, or your current home of record (if they have that information). They tend to choose whatever state's SoL serves them best.

(However, you can always attempt to "domesticate" the suit in your home state if your home state's SoL is kinder to YOU)

Plus, some states have a provision that tolls the debt (meaning, stops the clock) during out-of-state moves and then restarts the clock once you move back to that state.

Florida is one of these states (NY is NOT). If you incurred a debt in '07 in Florida which carried a 4 year SoL (most debts in FL do) and moved out of state in '08, the clock will be "stopped" at that date. Then, when you move back, the clock starts again. If you moved back in '09, you'd still have three years left on the SoL, which would finally expire in '12.

Does that make sense??

Anonymous · ‎04-27-2009

EX - Date opened 12/2002, due to continue on report until 07/2009, old Phone Bill

Who is reporting the drop date the OC or a CA?

If you had a collection from before you moved to Fl. then Fl. collections law doesn't apply. If you defaulted in Fl. then Fl collection law apply.

The federal SOL on phones is 2 years from DOFD (this means that the OC must file suit within 2 years)

Use the HIPAA process for the medical. It can only report 7 years from date of service. The HIPAA process is for paid medical debt no matter what state you live in or accured the debt.

Anonymous · ‎04-27-2009

I kinda figured the the NY SoL would apply, but just wanted to get some input.

I haven't been contatced at all on either of these debts. I found out about them when I pulled my reports.

According to what "Wondering" replied, NY does not toll the the debt, in which case, The Phone Bill is coming up removal in July 2009, and the Med debt is gonna be there until 03/2010. (7 years)

EX is showing the Phone Bill. It is/was reported by The Credit Bureau Inc (a Collections Agency googled) and the Original Creditor (Frontier NY/New York Highland) is shown.

Date opened, reported, status, last reported, account history (collection as of) all show 02/2002.

TU is showing the Med Debt. It is/was reported by American medical Coll (searched on the web and found them to be a collections agency). It also shows the Original creditor, Med1 Bio Bio Reference Labsriesocia.

Date placed is 03/2003, date updated is 03/2009.

The phone Bill is due to fall off this July, so rather than "wake a sleeping giant", I will leave this one alone.

The Med Debt is the one I am wanting to take care of, hence my original questions about SoL. If Wondering is correct, then I should be past the 6 years for NY SoL, and will start the Hipaa Process. I will look into the SoL for NY a bit more and see what I can find out, I'm not going to head out for a Consult yet.

/D

Anonymous · ‎04-27-2009

Removal date and legal SOL doesn't have anything to do with one another.

Whether SOL is tolled or not, the removal dates remain the same.

According to FL statutes, if the cause of action arises in another state and it is time barred in that state, then no action will be taken in FL.

According to NY statutes:

http://public.leginfo.state.ny.us/menugetf.cgi

§ 207. Defendant's absence from state or residence under false name.
If, when a cause of action accrues against a person, he is without the
state, the time within which the action must be commenced shall be
computed from the time he comes into or returns to the state. If, after
a cause of action has accrued against a person, that person departs from
the state and remains continuously absent therefrom for four months or
more, or that person resides within the state under a false name which
is unknown to the person entitled to commence the action, the time of
his absence or residence within the state under such a false name is not
a part of the time within which the action must be commenced. If an
action is commenced against a person described above, the time within
which service must be made on such person in accordance with
subdivisions (a) and (b) of section three hundred six-b of this chapter
shall be computed in accordance with this section................

You can read Section 306 (a) and (b) at this link.... http://public.leginfo.state.ny.us/menugetf.cgi

Is EX or TU showing a removal date for the med collection? EQ showing a DOFD? You say it was placed for collection in 3/2003, but chances are the debt actually happened much before that.

From what I've read, it doesn't appear that SOL in NY has expired, because apparently they toll SOL.

Anonymous · ‎04-27-2009

EX is the only one showing anything about a "possible" Removal Date:

This is for the Phone Bill

"Status Details: This account is scheduled to continue on record until Jul 2009"

I'm thinking that the original DOFD, is much earlier than that.

I believe the way to approach this is:

1. Let it ride out until July

or

2. Since it's possible that it might not fall off, I should DV the CA. They are the ones reporting it.

As for the Med Debt, I have no date for removal, or anything that pertains to a date for removal.

Going by the Date 03/2003, I will start the HIPAA process, unless someone thinks this is not the way to go.

As Sidewinder stated, chances are that the original debt actually happened much before that.

I'm trying my best not to have to go to a lawyer/consultant.

I am in a position to pay the bills if needed, and if they both return as valid, I believe that I would go with PFD on both, unless otherwise recommended here on the forums.

I want to thank everyone for everything they have responded with so far. There's no lying, I am a bit confused, but taking this a step at a time, so that i don't get myself into hot water again.

These are the only 2 "baddies" on my reports (neither showing on seperate reports), and I want to take care of them and move along to "re-starting" my credit scores and history. Just the other day, I received an email from Score Watch, and my score went up 10 points. I don't know about anyone else, but this was a huge stepping stone for me, just to see it moving towards the positive. I had a huge grin on the rest of the day

At the end of this month, I am going to pull my TU report through Suze Ormans Fico kit that I purchased a couple months ago, and see what it is reporting then. As I mentioned, my score with EQ went up 10 points, and also, there are no more CA's/debts listed as open, just 1 that I made the mistake of paying with the CA, and is now listed as closed. Hopefully, my GW letter will get it removed from all 3 reports.

Cinnnamon · ‎04-28-2009

Yes, Florida laws would apply. SOL are based on the current state that you reside in, not the ones that you moved from. If you currently live in Florida, it makes no sense for an SOL to apply to you in another state, if you don't live there. Just like if you live in New York then New York laws would apply if they is your current state of where you actually live, live your life, eat, sleep, and do your business, etc; hahahaha! LOL

Anonymous · ‎04-28-2009

Cinnnamon wrote:
Yes, Florida laws would apply. SOL are based on the current state that you reside in, not the ones that you moved from. If you currently live in Florida, it makes no sense for an SOL to apply to you in another state, if you don't live there. Just like if you live in New York then New York laws would apply if they is your current state of where you actually live, live your life, eat, sleep, and do your business, etc; hahahaha! LOL

This is false. Please read the state statutes. Moving from a state that a cause of action arises in does not keep you from falling under their statutes.