Confused by SoL issues

I'm trying to unravel some issues related to [I think] an old Visa card. Still waiting on the CA to admit just what, precisely. they're calling us for, but this is the only thing that makes any sense.

The issue is, what is the SoL on this account? Now before anyone asks me where I live, let me fill in the details that make it confusing to me.....

My wife had a credit card, that she got while living in Michigan [6 year SoL]. Sometime later, she moved back home to New York [6 year SoL]. After that, she moved to Wyoming [8 year SoL] when we got together. She lived there for about 10 months, until health issues forced a move due to climate. For our sins, we now live in Vermont [6 year SoL], where we've been for the last 7 years, 4 months. The last purchase on this account would have been in 1999-2000, while living in Wyoming, but made in Colorado [6 year SoL]. I do not think the card in question was ever used in the state of Wyoming at all, if that makes any difference.

What state's SoL applies on this tangled, screwed-up mess, anyway? And how to prove that determination if I have to?

Any help appreciated.

Hi unclewulf.

Generally, unsecured, open accounts (such as credit cards), the SOL which applies is the state of your current residence.

Mornin' LawStudent! Long time no read, my friend.

Thank you for that valuable information. Now the remaining half of question is how to respond if they press the issue? Or do I have to just wait, and see whether they sue? I think they may still be laboring along under the mistaken impression that we're still in Wyoming, with its longer SoL. We left there 12/2/2000.

FYI, this is the same issue with MRS associates that originally brought me to this forum. They continue to call, about 3x per week, and they continue to refuse to give any details of the account in question. I've been trying for months to get an account number or some info that would allow me to identify the account, so I could send a proper DV letter. Of course, there's been no dunning letter or other correspondence in writing on the matter.

I really need to resolve this, one way or another. Their calls are affecting my wife's health. They aren't doing me or the kids any good, either. I've finally given up on trying to get reasonable, businesslike treatment out of these idiots. I sent out a CD letter over her name yesterday [still in the doghouse for that one...] We'll see what comes of it.

Here's the letter I sent. Yes, it went out CM/RRR. They should have it Tuesday.

I think that is a good letter. It boggles my mind why they won't give you any information...who in thier right mind would pay some weirdo calling and demanding money for some phantom account???

OK, now I'm confused, LawStudet.

You advised SOL is according to the state your currently reside in?

What confuses me is the fact that I live in Florida, and the SOL pauses for any time I were to reside outside of the state. So, that being the case. Say I have a debt that I went delinquent on in Florida, I lived there for a year after the date of last activity, then moved to a state that also has a SOL of 4 years. I stay in that state for 4 years, and the SOL goes into effect there. Then, for some reason, I move back to Florida, then the SOL starts back from the point it was at when I left FL? At the 1 year mark? So, then I have to wait another 3 years for the SOL to go into effect in FL?

I don't have any plans to move anytime soon; however, I'm just curios what would happen in a case like that. Does the date of the last activity even matter in a case like that?

I hope I'm making sense with my question. I think I'm confusing myself.

Beats me what game they're playing here, Golden. If they want to get paid, they're going about it entirely wrong. Not that I'm likely to give them anything but a bad time at this point, anyway. Ever seen someone having a severe panic attack? What price to put on months of that? Had they simply called, spoken to me, and been reasonable about it, they'd have mney by now.

Does FL law state that the SoL pauses if you move out of state and then return? That's bizarre! It's not like time stands still or anything. You're still gettin' older and uglier, just like me, right? Maybe LawStudent or someone else will be good enough to clear this up for ya, Ron.

I dunno, bud. But for damn certain you're confusing the hell outta me......

Maybe I'm reading it wrong; however, here is a Ctrl-C/Ctrl-V of the wording of the SOL in FL.
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Maybe I'm interpreting it wrong? What do you guys think?

Jeez, Ron, I dunno.

Looking at the way that's written.... Could that apply to contracts, libel, judgements, etc, but not to "Almost all other actions?" That's wierd, dude.

That's what I thought, at first. Then realized I was dealing with Florida lawmakers here, and should probably never "assume" anything when trying to interpret the laws here without a legal degree.

You know what they say about assuming.

Why don't you ask the Florida AG's office about it? I'm curious now....

This is just my opinion, but it reads to me that Florida SOL stops if you move out of state or make a payment (although I have to wonder at 'volentary' so if someone strong-arms you into a payment, then what?) and restarts from date you move back in...but the other part really has me thrown...it sounds like if you are making payments, the SOL is suspended the whole time you are making payments...sorry, but that makes me not want to make payments but rather save money and then offer a lump sum to a CA (if they validate!!!) so that the SOL will keep ticking.

After a goodly amount of searching in our labyrynthine state statutes, I finally located verification on Vermont's SoL: 6 years, unless it's on a judgement. I'd been all through the Uniform Commercial Code, etc. Never occurred to me to look under Court Procedure.

OK! I was sick for a couple of days, so I didn't get to call the Florida AG's office until yesterday.

I'm still just as confused now as I was before I called. Basically, the disclaimer regarding the SOL stopping for any time you're out of state only applies to the types of debts referenced above it. Not to Credit Cards. The lady for the AG's office did inform me, however, there seems to be some confusion at times as to whether the CC falls under the 4 year or 5 year SOL's, on the part of debt collectors. I'm sure they would much rather have the 5 year rule apply; however, she did state CC's do fall under the 4 year rule. Of course, she did give me the disclaimer that I should seek legal counsel if I had any specific questions.

Ok..have a question. I agree with RON..I'm confused, on this issue, too!! Can someone help me 'clear up' what the SOL, for the state of PA is? Also...if I have a debt from another state, how does the SOL/Dropp OFF date aplly here? What IS the difference between SOL and 'drop-off' date? Is it the same? God..this crap gives ya a headache!!!!!