Staue of limitations

Date: Wed, 03/08/2006 - 19:35

Submitted by c.shore
on Wed, 03/08/2006 - 19:35

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Total Replies: 3

I opened several credit card accts while living in North Carolina between 1997 and 2000. All of these accts were sent to collection in North Carolina. I since moved to Florida and currently reside in Illinois. I received a summons, via mail, requiring me to go to court in Illinois to address this debt. Does the statute of limitations apply in the state where these debts originated, or where I currently live? I also had a car lease (car returned to dealer)in North Carolina:what are the laws pertaining to these debts?Thank you.

Collectors can seek a judgement in the state where the contract

Collectors can seek a judgement in the state where the contract was signed. Once they have a judgment collectors or creditors can use either the state where it was granted or have the judgment domesticated to the state where you reside, depending on which state offers the longest SoL.
Sorry my computer crashed before I finished.
The above is for signed contracts(car loans) and of course,taxes child support,and student loans.
I believe credit cards must go by the state that you resided in when you signed up for the card,but if you left that state before the SOL was up,they can stop it SOL,which is called tooling??,which means if you ever move back to that state,the clock will start where if left off for the SOL.Also,if they get a judgement on you before the SOL is up,the SOL will be 10 to 20 years,since the SOL on judgements is longer.
Hope this helps
TWOKID

lrhall41

Submitted by twokidtwocat on Wed, 03/08/2006 - 19:40

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SOL's

How would I know if a colllector saught after judgement in the state where the debt originated.

lrhall41

Submitted by c.shore on Wed, 03/08/2006 - 19:59

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You can check with the courts to see it there is a judgement aga

You can check with the courts to see it there is a judgement against you and what state it came from.
There are websites for the courts in every state and you may be able to check online.
Check the SOL for NC and IL,if you have not made any payments since 2000,they may both be up.If that is the case then you need to print out the SOl information and take it to court with you,and present it to the court as your defense,remember the SOL begins when the last payment was made,not the date that you opened the account.If you still have time before the court date,you can send them a validation letter,and state that the SOL on this debt is in effect,and you will not here from them again,if they know that they will not be able to collect.They may drop the case or not even show up to court.But please make sure that the SOL is in effect,by checking your credit report and look for the last time that you made a payment.Once they get a judgement the SOl will start all over again(sols for judgements are alot longer),so dont miss your court date.
The SOL on your car,will be different,since it is a signed contract.
Sorry I didnt get back sooner,my pc is having a bad week :(

lrhall41

Submitted by twokidtwocat on Thu, 03/09/2006 - 22:20

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