Re: About Tolling

Posted by Bear (12.15.122.237) on October 17, 2002 at 22:24:23:

In Reply to: About Tolling posted by EricW on October 17, 2002 at 21:43:48:

Tolling refers to the suspension of the SOL because the defendant is unavailable to be served. Some states apply it whenever the defendant is not present in the state. However, the concept has fallen into disfavor because out-of-state service is readily available and permissible. So, if you incurred a debt in MI and moved to OH, the MI creditor could have you served in OH for a case in MI. It sounds like you've been in MI the entire time, so it appears you have no problem in any case.

Of course, that doesn't mean you haven't been sued. Perhaps you have been and a default judgment has been entered. If you haven't heard of a default judgment, either the creditor has not sued you at all (most likely) or given up trying to collect.

As to finding out whether you have been sued, the place to start would be the court clerk in the county where you think they might have sued you (apparently where your parents live). If you were sued, the case would be indexed. Your state might have an indexing system permitting multi-county searches. The clerk's office should be able to help you on that issue.

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