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Sol

Date: Wed, 09/12/2012 - 15:04

Submitted by anonymous
on Wed, 09/12/2012 - 15:04

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Total Replies: 4

Sol


I incurred CC debt in Florida in December 2007 which has been turned over to a third party CA. The SOL in Florida for CC is 4 years. I now reside in Tennessee where the SOL is 6 years. Can the CA bring a judgement against me even though the SOL has expired (Florida)?


It depends on your state's laws. Florida and NY have laws regarding using the shorter of the two SOLs. I'm not sure if other states do and don't have time to look right now.

Here's what the law says:

(a) Any debt collector who brings any legal action on a debt against any consumer shall???
(1) in the case of an action to enforce an interest in real property securing the consumer???s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity???
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.

So, in layman's terms:

- If a debt collector DOES sue you, they must sue either where you reside, or where you signed the contract, unless the suit is concerning real estate, in which case they must sue you where the property is located.

Generally, the SOL of the court where the action is commenced is the SOL you use.

FL law, however says:
95.10 Cause of action arising in another state--When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.

So, if you're sued in Florida for a debt you incurred in another state, the shorter of the two SOLs is used. NY has a similar law.


lrhall41

Submitted by OhioGal1 on Thu, 09/13/2012 - 07:05

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