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 Posted: Sat Apr 01, 2006 11:54 am Subject: Statutes of limitations all state reference site |
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here is an interesting wite that gives you sol info on all states
fair-debt-collection.com/statue-limitations.html
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kalevala316
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| Posted: Fri Oct 12, 2007 6:22 am Subject: Confused. |
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I am in the military and I have moved around a lot. I was trying to figure out if the statutes of limitation go by the state you're currently living at or the state you are a resident of.
I really appreciate any info you may have on this.
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Anny
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| Posted: Fri Oct 12, 2007 6:36 am Subject: And... |
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And also, I had a sprint account back in 2002 and apparently this lvnv company bought the account. What I'm trying to figure out is: Does the clock for the statutes of limitation start ticking when the sprint account went delinquent or when lvnv bought it?
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Anny
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| Posted: Fri Oct 12, 2007 6:38 am Subject: |
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Hi Anny! Those are great questions! I'm no expert, and very well could be wrong, but I think that the SOL goes by the state that you resided in when the debt was incurred. Hopefully someone will be along shortly to clear that up. I would assume, also, that the sol started when the account first went delinquent. I don't think they can start the time over unless there is some acknowlegement of the debt. Hope this helps a little! 
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eleroo
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| Posted: Fri Oct 12, 2007 7:20 am Subject: |
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It would really depend on state laws. Some state's have specific laws saying who's SOL would prevail over debts.
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goudah2424
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| Posted: Fri Oct 12, 2007 7:23 am Subject: |
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For instance, Oregon has this law:
| Quote: | | 12.150 Suspension of running of statute by absence or concealment. If, when a cause of action accrues against any person, the person is out of the state and service cannot be made within the state or the person is concealed therein, such action may be commenced within the applicable period of limitation in this chapter after the return of the person into the state, or after the termination of the concealment of the person; and if, after a cause of action has accrued against a person, the person shall depart from and reside out of this state, or if the person is concealed therein, the time of the absence or concealment of the person shall not be deemed or taken as any part of the time limited for the commencement of such action. [Amended by 1973 c.206 §1; 1987 c.158 §4] |
It pretty much says that if you move out of state, the statute of limitations pauses until you move back.
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goudah2424
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| Posted: Fri Oct 12, 2007 7:25 am Subject: |
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And this:
| Quote: | 12.430 Claims based on law of other states; limitation period.
(1) Except as provided by ORS 12.450, if a claim is substantively based:
(a) Upon the law of one other state, the limitation period of that state applies; or
(b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.
(2) The limitation period of this state applies to all other claims. [1987 c.536 §2]
Note: See note under 12.410.
12.440 Application of statutes and rules governing conflict of laws.
If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply. [1987 c.536 §3]
Note: See note under 12.410.
12.450 When limitation period of another state not applicable.
If the court determines that the limitation period of another state applicable under ORS 12.430 and 12.440 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against the claim, the limitation period of this state applies. [1987 c.536 §4] |
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goudah2424
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| Posted: Fri Oct 12, 2007 7:37 am Subject: Confused. |
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I am in the military and I have moved around a lot. I was trying to figure out if the statutes of limitation go by the state you're currently living at or the state you are a resident of.
I really appreciate any info you may have on this.
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Anny
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| Posted: Fri Oct 12, 2007 7:41 am Subject: ... |
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Thank you.
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Anny
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| Posted: Wed Oct 31, 2007 7:50 am Subject: |
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| Posted: Wed Oct 31, 2007 8:11 am Subject: |
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Anny -read the above posts because it depends on your states laws as to where the Sol is. And it also depends sometimes on date of last payment, or in some states, deliquency.
As far as LVNV- I hope you document everything, and be carefull about what you say to them. They don't play well with others!..karen
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