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S.O.L. and tolling question

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LabradorRetrieverMD
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Subject: S.O.L. and tolling question
 
Posted on Tue Aug 31, 2010 9:44 pm  

Hi All!

I recently received notice for the very first time about a debt that is seven years old that was never reported to any credit bureaus.

I lived in California at the time of the debt (Summer 2003) and moved to Maryland (where I currently reside) from CA in November 2006.

SOL in CA: 4 years
SOL in MD: 3 years


My question is:

I was only in CA for 3 years after the debt.

However, I have been in MD for 3.5 years now so I am well past MD's SOL.


Am I good on the SOL or can I be sued using the CA SOL here in MD since I wasn't there in CA for the 4 year SOL after the debt?



Thank You!
Aaron

Aaron

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Subject: sol and tolling question
 
Posted on Wed Sep 01, 2010 9:37 am  

Hi LabradorRetrieverMD,

You have incurred this debt during your stay in California and so the Statute of Limitations (SOL) of CA will apply. Can you tell when was the last payment made on this account? The SOL starts from the date of last payment. If you are being sued after the expiry of the SOL then you can appeal to dismiss this lawsuit.

You have mentioned
Quote:
I recently received notice for the very first time about a debt that is seven years old that was never reported to any credit bureaus.
You mean that the original creditor too never reported this debt? What kind of a debt is it?

Thanks,

Aaron
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Posted on Wed Sep 01, 2010 7:42 pm  

It was a checking account that was overdrawn. It was simply closed by bank sometime in 2003.

That's right, the Original Creditor never reported it and I am hearing about it for the very first time. It still hasn't been reported by anyone to this day.

Has the SOL from CA been tolled? Can they sue me now in MD using the CA SOL since the SOL was tolled?

Thanks.
Aaron

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Subject: sol
 
Posted on Thu Sep 02, 2010 9:36 am  

Hi,

Quote:
Has the SOL from CA been tolled?
I am afraid that I won't be able to answer this question till you provide the last payment date or may the date on which this account got overdrawn (in case you have made no payments). Whether or not the Statute of Limitations (SOL) has expired, depends on this date.

Even if you have moved from CA to MD, the SOL of CA will apply.

Thanks,

Aaron
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cinnamngrl



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Posted on Thu Sep 02, 2010 10:57 am  

well if the bank closed it in 03, I don't think there were any more payments. this is likely to be zombie debt, BUT there may be other issues. What overdrew the account? was it a check? Some debts toll, and so I would search CA law online.

Also bank accounts report to a different system than CRAs

"http://www.ehow.com/how_6235121_copy-chex-systems-report.html" this link will be deactivated but you can cut and paste.
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LabradorRetrieverMD
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Posted on Thu Sep 02, 2010 10:46 pm  

Aaron, Cinnamgrl is right.

The account was closed sometime in 2003. That was the last of any activity.

Yes, Cinnamgrl it was a couple of checks that overdrew the account.

So my question is since I moved in early 2007, then the California SOL was tolled. It was not quite 4 years before I moved.

The Maryland SOL is 3 years and it has been 3.5 years. The California SOL is 4 years and it has been 7 years.

As long as I don't move back to California, am I free and clear? Or can I be sued on the California SOL in Maryland since it's been tolled?

Thank You.
cinnamngrl



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Posted on Mon Sep 06, 2010 1:03 pm  

this will be answered by Cali Debt law. I have been searching online and I can not find a database for CA law. Some states will toll a debt if you leave the state (NH), but others won't. If the debt is tolled, then they can actually come after you in another state, but don't always bother.

sorry I couldn't find a definite answer but keep checking it out.
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