I need to know something on collection rules.
If a CA attorney has been trying to serve you, can't find you, asked a judge to serve you by news paper notification and was DENIED and then the SOL is up, can they still collect the debt because they were trying to serve you before the SOL was up? Is this legal :?:
On the other forum one guy said "it may be tolled". What does that mean and can they still legally collect after the SOL is up?
collection agency can continue with the collection process
Statute of Limitations (SOL) is the time limit within which the creditor or collection agency can sue you for not paying the debt. The SOL generally ranges from 2-15 years, and varies according to the state. That is different states have different SOL. The SOL on different types of accounts are different too.
However, once the SOL expires, the creditor or collection agency won't be able to win a lawsuit against you, even if they sue you. This, does not mean that they can't continue with the collection process. Even after expiration of SOL, they can still continue with the collection process.
can someone please answer the question of when does the SOL stop? Aaron doesn answer it. is the SOL tolled when they try to serve you?
I am sorry if you didn't get the right answer. However, I have answered to this question several times before. The Statute of limitations varies according to the state. it starts from the date of your last payment and ends after the stipulated time on that very date. This stipulated time is set by the state.
Hope this helps.
Aaron is giving you the proper information. Lets say your in PA. The SOL is 4 years. If the creditor or collector does not try to sue you before that four year period has expired then they will not win if they pursue it and take it to court. the judge would rule in the favor of the defendant due to expired Statute of Limitations.
The creditor can still try to sue but can not legally win. Sometimes they know the SOL is up and still uses the threat t get you to pay. It is illegal but they still do it.
Maybe Im not asking my question correct. i was asking (and I think ava) if the cc beat the SOL when they file to sue in court just BEFORE the SOL was up but the case was denied or dismiss because they couldnot serve you. so they try again even a year later and keep trying.
in my case they keep re-opening the case even though its more than a year later. Maybe you all dont know which is fine but it seems like since they got in their first summons in before the SOL was up then they can keep trying over and over until they do serve someone and sue them, even if its 8 yrs late.
As far as I understand I don't think the creditor can sue you again. I think you need to discuss this with a lawyer.
thank you i will talk to a lawyer. i just need to fine one for free but legal aid says they dont do credit advice anymore.