Debt SOL & the Service Members Civil Relief Act
Date: Tue, 04/22/2008 - 13:15
I have several old debts that are approaching/past their SOL. I am also in the Army and eligible for the Service Member Civil Relief Act.
My questions are:
1.) Will being eligible for the SMCRA postpone or push back the SOL for these debts? I have not contacted the collection agencies with this information, nor do I plan to. I am worried that just when I think the SOL is past, they will have an arguement in court that the SOL should be extended because of my eligibility for SMCRA.
2.) Does the SOL apply for the state the debt originated from, my current state, where I lived longest while owning the debt, etc?
3.) On a repossession does the SOL start from the repossession itself or when the last payment was made like regular credit card debt?
Thanks for the help!
My questions are:
1.) Will being eligible for the SMCRA postpone or push back the SOL for these debts? I have not contacted the collection agencies with this information, nor do I plan to. I am worried that just when I think the SOL is past, they will have an arguement in court that the SOL should be extended because of my eligibility for SMCRA.
2.) Does the SOL apply for the state the debt originated from, my current state, where I lived longest while owning the debt, etc?
3.) On a repossession does the SOL start from the repossession itself or when the last payment was made like regular credit card debt?
Thanks for the help!
The SOL applies for the state which you reside in currently and
The SOL applies for the state which you reside in currently and starts from the date of last payment. I do not believe that the SMCRA will change that.
