Confused by SoL issues

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.

[quote]name
address
town

[right:2e58dd7eaf]Saturday, 15 March, 2008[/right:2e58dd7eaf]

MRS associates Inc.
3 Executive Campus
Suite 400
Cherry Hill, NJ 08002

Via Certified Mail, #xxxx-xxxx-xxxx-xxxx-xxxx
Re: Your continued calls to [our phone number]


Dear Sirs:

For several months, your company has been calling my home, either in person or by the use of automated equipment. You purport to have a business matter that you urgently need to discuss with me. Yet, to date, your employees have refused to provide any details of the matter in question, to myself or my husband. Your company has also failed to identify yourselves as required by law in many instances, or even to follow accepted business telephone protocol. You have also disregarded the legal requirement that you follow up an initial telephone contact in writing within five days.

As you have refused to provide any details whatsoever, I can neither confirm nor deny the existence or validity of this supposed matter, which seems so important to you. If you have actual business to discuss with me, then please get to the point. Your continued, unproductive calls constitute willful harassment under both State and Federal laws, and are a waste of my time.

I hereby revoke your right to contact me by telephone at any number or location, for any reason not specifically permitted by law. I am perfectly willing to deal with you in order to resolve whatever this supposed matter may be. However, any future contact with me from your company must be in writing, through the U. S. Postal Service, and sent to the address above. Further, any written communications from your office must specifically reference the details of the matter in question. Any other written communication from your company will constitute further harassment, and will be dealt with accordingly.


Thank you for your cooperation regarding this matter;

[name ???????? typed, not signed][/quote]

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.

[quote=goldenbast]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???[/quote]

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.

[quote=UnemployedRon]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?[/quote]

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.

[quote=UnemployedRon]I think I'm confusing myself.[/quote]

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.
??
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!!!!!

I was pondering the SoL issue after I read Law Student's post on the previous page of this thread... Then it came to me, like a loose brick from a tall building.

If they're gonna sue you, they have to sue you where you live. As in, they have to file in a court that has jurisdiction in your state and county. That being the case, SoL is determined by that court's rules, which are dictated by your state's laws.

In other words... Say I had a debt from West Buttplugg, and that it had been 7 years since I made the last payment. The evil, nasty CA can't file suit in West Buttplugg, even if their SoL is 10 years for this type of debt, because I don't live there. For my sins, I live in Vermont, so that's where they'll have to file their case. Vermont's state laws state that the SoL is six years for most civil actions, including this type. They file, I show up and tell the judge it's time barred, case dismissed.

Clear as mud, right?

Thanks, WULF!! That explanation is ALOT more 'clear' for me now. That helps tremendously!! I appriciate it!

wulf always keeps it clear genuine and real!!!thanks dude!!!!!

Check your contract. Alot of contracts specify which state laws apply to the contract. In that case, you must use the SOL law of that state.