Tolled debt, can it be tolled forever? (pay, collector, credit)

[TimeCapsule]

Can someone truly advise me if you lived in a state where there was an SOL of 4 years (credit cards) and you left state after 3 years and moved can that debt be tolled forever? I lived in Florida.

Where I live now the SOL is 6 years, and my debt is 9 years old and I am wondering if that debt can be tolled forever. I moved in with my mother due to serious illness.

At some point it seams that the SOL has to run out under some jurisdiction somewhere. There is no information about tolling debt and if there is an SOL on that.

Thank you

[berdee]

Originally Posted by TimeCapsule

Can someone truly advise me if you lived in a state where there was an SOL of 4 years (credit cards) and you left state after 3 years and moved can that debt be tolled forever? I lived in Florida.

Where I live now the SOL is 6 years, and my debt is 9 years old and I am wondering if that debt can be tolled forever. I moved in with my mother due to serious illness.

At some point it seams that the SOL has to run out under some jurisdiction somewhere. There is no information about tolling debt and if there is an SOL on that.

Thank you

As long as you were able to be served then the SOL does not toll.

I've posted the FL tolling statutes awhile back..

For tolling, every state has similar statutes to the following statute. Since we are speaking of Fl. than this is the FL. statute that backs up what I said about tolling:

95.051 When limitations tolled.
Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought.

In simple language, if legal service can be made in any state by publication or by mail to last known address or by proper service to any new address then the SOL cannot be tolled.

Post 10
A credit card story for those in need

[McBain II]

Berdee is correct. Tolling is usually a non issue.

[Mircea]

Originally Posted by TimeCapsule

Can someone truly advise me if you lived in a state where there was an SOL of 4 years (credit cards) and you left state after 3 years and moved can that debt be tolled forever? I lived in Florida.

No, the debt cannot be tolled forever.

Having said that, there are some caveats. You need to go on-line to the county court clerk where you were living to see if a judgment was filed against you.

Junk debt buyers, and especially collection attorneys have no qualms about lying to a judge and saying you were served, even though you no longer live there, or knowingly serving you at your previous address. That is done to obtain a quick judgment by default.

If a judgment was filed against you, you can file a motion to vacate the judgment based on bad service. They probably would not refile the suit, and if they did, you then have an Absolute Defense (the SOL).

If you cannot vacate the judgment, they cannot collect or attempt to collect until the judgment is transferred to Florida. To do that, they have to file a court action for a hearing. You can appear at the hearing and state objections, such as you weren't properly served in your former state, or that the SOL has expired.

Reviving a debt is a convoluted matter that varies from state to state. As a general rule, never acknowledge a debt and never make a promise to pay (you are being recorded when you talk to debt collectors).

[TimeCapsule]

Thank you very much.