? About CA and SOL

It would fall under open account for credit cards, what else I can't say. They will try to say it's a written contract but without one, they couldn't collect on it anyway. Written contract is a contract you sign to purchase something, like a car or similer. Open accounts sometimes have a balance and sometimes they don't depends if you charge or not.

As for the SOL you will need to update whoever is after you with your current address. If they keep mailing mail to an address you do not live at, they could still sue you in that state and you would never know about it. Usually it is where the agreement was signed or where you currently live for the SOL.....You can get it where you live if you fight it so in your xase the SOL for open accounts is 4 years and 6 years in CT.

There is a link on this page, look around and it should help you.

http://www.carreonandassociates.com/articles/statute.htm[URL="http://www.carreonandassociates.com/articles/statute.htm#New_Jersey"][/URL]

http://www.carreonandassociates.com/articles/sol.htm

Hi Bella, and welcome.

First, the SOL is where you reside right now, not where you used to reside. SOL NEVER relies on where you used to live, because the minute you move outside that state you are no longer within that state's jurisdiction, and therefore not subject anymore to its laws.

Contact information--believe it or not, they can already get that information. Unless you went into hiding when you moved, they can find where you live without much trouble. If you have a mortgage, utilities, or other bills in your name at your current address they might already know where to find you. How old are the debts we're talking about? If it's been more than 3 years since you last made a payment, then the SOL has expired in Arizona. And at that point, if they had your mailing address, all you would need to do is send them a certified letter telling them that since the SOL has expired, that they are not to contact you any more regarding this account. They are required by law to honor that letter. You need to send it certified mail, so you can prove that you sent it, and more importantly, you can prove that they received it too.

As for the type of account, an open-ended account is one that isnt made for a specific value or amount of money. A mortgage, for example, shows the precise amount of money you are to pay each month, and the total that you are to pay over the life of the loan. A credit card payment varies depending on how much you use it. Many debt collectors try to claim that a credit card debt is a written account, but it isnt.

Well I'm thinking I must be psychic or something as last week I start worrying about getting sued and guess what this week?

I heard from my ex husband back in CT last night. He came home yesterday (Sunday) from being out all day to find paperwork for a summons stuck in his door. He said the stuff was not even in an envelope or anything. It is from Capitol One. He is going to mail it to me, but how do I proceed from here? I don't live in CT so obviously I cannot attend a court date there. What should I do once the paperwork reaches me, if it even does before the scheduled court date?

If you are on good terms with him, he should call the sherriff or whoever served the papers and tell them you do not live in that state anymore. That is the problem with this, the people serving these papers are not handing them to a person and just leave them. I think in Massachusetts, they where leaving papers on a house,or houses, that noone lived in or people where dead 5 years before and the Plaintiff still gets a default judgment.

Second option is when you file an answer, Send some sort of proof of your current address in AZ. Also have the case dismissed for improper venue. When they have an attorney in AZ contact you then you can tell them to bang tar because of the SOL.

Well hopefully my ex will get the paperwork to me before the court date actually transpires.

I'm still unclear on the SOL thing. My last payment dates on the cards with the 2 largest amounts were March of 2006. So if AZ would count it by 3 years then I'm clear. But I'm not sure if they would be counted at 4 years as out of state debt, in which case I'm not clear yet. I'm also not sure if the time period counts down from my last payment date, or from the 3 months later that they reported it delinquent.

I'm also not clear if the credit card companies have the legal right to enforce the collection through CT where the debt occurred and hold me to that SOL which is 6 years.

I'm also confused as I pulled my credit report, and the accounts that were sold to collection agencies are showing as new accounts opened in 2008. How can those accounts show up twice and with different dates for both the original creditor and the collection agency. I was hoping if I could get away with the SOL that those accounts would fall off my credit report by 2013-but it doesn't look that way. That's one of the reasons I wanted to avoid bankruptcy.

I'm in the negative monthly for over $600 and that's without making any payments towards the debts. I've made an appointment to see a bankruptcy attorney on Friday. I may just have to go that route. Although I don't want to have another 10 years of crap credit, it sure would be nice not to have to look over my shoulder. Of course bankruptcy isn't free either, and in this small town there are no sliding scale attorneys....

the 2008 date is the date the collection agency got your account and it does not usually affect the time it will fall off your credit report. The collection agency must report the date of last activity to the credit reports.

If the last time you made a payment was 2006 then you are good and the debt is time barred, meaning they can't sue you on it. The other thing you can do is call the court house once you get the docket number and ask them what to do. Tell them you are 3,000 miles away and have not lived in CT for X amount of time,,,,,,You may have to fax proof of your address to them. The court should be able to help you on this. Even if they get a judgment against you, it can be vacated because you do not live there anymore.