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Re: Lawsuit Tolling SOL
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Posted by Keyser Soze
(152.163.253.37) on July 11, 2003 at 06:45:49:
In Reply to: Lawsuit Tolling SOL posted by Info on July 11, 2003 at 01:26:22:
There may be some variation depending upon your specific state but it seems this matter is null and void. A plaintiff's suit does not toll the SOL. You were never served and surely it stands you in good stead that the plaintiff was assessed costs for improper service.
"No service - no case" is the proverb quoted with a snicker by courthouse sheriffs all too familiar with shiny-suit drip-nosed creditor lawyers and other troublesome insects. You weren't served, how could you possibly know of an action against you never mind answer it?
Specific acts by the debtor generally are what toll the SOL. If you enter into a new written agreement - and it must meed specific criteria and contain several elements - with the creditor that probably will toll the SOL, yet you did not do this. In Florida, if you leave the state and reside elsewhere, not just stay on extended vacation, but actually quit the state, sell your home to live elsewhere then return to Florida, you will toll the statute. That is, if you admit to such or the plaintiff discovers this.
But you did nothing of the kind. This plaintiff sued you improperly, you had no knowledge of this. No SOL tolling.
You reside in a three year state and it is where you presently reside that counts, not where you established the account not where you lived in the interim. This account is gone. The collection slimballs will surely try to convince you otherwise, should they call, hang up without saying a word.
Should they contact you in writing, simply state the debt isn't yours and send a Cease and Desist letter. Rest easy. Restfully, Keyser Soze "Mr. Redfoot knew nothing."
- Mr. Kobayashi, "The Usual Suspects", c. 1995
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