Re: Change of State & Statute of Limitations
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Posted by JKelly
(68.162.80.106) on July 28, 2004 at 20:20:22:
In Reply to: Change of State & Statute of Limitations posted by RJ in IL on July 28, 2004 at 20:11:33:
Yes, if you move to a state with a longer SOL, they can still come aftrer you. This is why Why Chat said about SOL the statues for CONSUMERS under the FTC rules state that a creditor must file for an account was applied for, OR in the State of current residence. The state where the suit is FILED determines the SOL. If a lasuit is filed in a different State from the current resident state, the debtor must ve served with notice of the claim, and can file for a change of venue to their own State. If a default judgement is obtained in a different State, it can not be enforced against a debtor in their resident state, unless the judgment is "perfected"(certified by that State as being correct ) and "domesticated" (refiled as a foreign judgment in the resident State) In any case, you are passed the SOL in Calif, and if not already passed in Illinois, you are very close to it. Don't forget the SOL begins with the FIRST 30 day deliquency (if the account was never brought current again).
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