Re: SOL and Tolling -- WhyChat or Anyone

Posted by Why Chat (209.240.205.61) on January 03, 2004 at 14:18:34:

In Reply to: Re: SOL and Tolling -- WhyChat or Anyone posted by Drew on January 03, 2004 at 10:41:07:

OK- "Tolling"
States have different tolling rules for different things, like felonies, or malpractice, or suing for environmental damages etc. So looking up "tolling" for any State is difficult.

However, as far as I can tell, in the case of CONSUMER debts, they all subscribe to pretty much the same thing, (part of the Uniform Rules of Service).

If you leave a State for less than 6 months to 9 months (varies by State) and return, there is NO tolling.

If you leave for a longer period and then return, the time is tolled ONLY IF you were in a situation where there was NO way you could be served. So, if you had a forwarding address, or had established residency, obtained a drivers license etc. in the "new" State, you could have been served papers from the old State, therefore the time is NOT tolled.
Now, if you obtained a new ss#, changed your name and fraudulently avoided being served, then yes, the time would be tolled.

This would also apply if you were incarcerated, or in a condition, either physical or mental where legal service was not possible.

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