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 Posted: Tue May 27, 2008 11:24 pm Subject: Please advise on SOL expiration for California State? |
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I had an old credit card bill which I recalled that I had made a payment according to a discounted offer made in year 2001-2002. After so many years, a collector had suddenly made phone calls and offers to make payment to this bill (a different amount- about $1200 less than the old one). The collector had left message saying that unless the amount is paid, otherwise they would send a lawyer.I have been living overseas for ten years right now, and how do I tackle this problem?
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mandy5094
Joined: 27 May 2008
Posts: 1
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| Posted: Wed May 28, 2008 3:04 am Subject: |
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IIRC, SOL for credit cards in California is two years. However, you've been out of the country for ~ten years...I'm not sure if the clock stops ticking when you leave the country.
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Morningstar
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| Posted: Wed May 28, 2008 3:45 am Subject: |
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In almost all states there is a rule which says that a statutory limitation will be stopped from continuing for a certain period of time. This rule is termed as “Toll”. According to this, if you leave the state, from where you have taken credit from, and stay outside it for a certain period of time (say 12 months) then the SOL will stop running for that period and will restart only after you come back to the state.
For more information on Statute of Limitation, go through this page
http://www.debtconsolidationcare.com/statute-of-limitation.html . It’s really informative.
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phoenix
Joined: 14 May 2008
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| Posted: Wed May 28, 2008 4:42 am Subject: |
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SOL for written contracts which credit cards come under is 4 years.
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SOAPLADY
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| Posted: Wed May 28, 2008 10:08 pm Subject: |
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If you are currently living out of the country then they cannot sue you because unless you have a "legal address" (like people in the military do, ie stationed in Fla but state of record CA) in this country then no court has jurisdiction over you.
Thus they cannot sue you properly.
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celluar
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