interesting stuff

[bigfoot_22]

Interesting reading material from the "What happens to unpaid bills after SOL?" post. Unfortunately, I couldn't make it through all the darts and tongue in cheek lingo. I admire (?) DC (Debt Collector) for sharing his or her thoughts with everyone, but I have to admit that I don't come here for biased opinions. I think the majority of the people who post on this site are people who need a break from debt collectors and their manipulating tactics. Yes, some of us may owe debts, but there comes a point in time when you just have to do what you feel is best. After my divorce, I chose to put my daughters first and pay the debts as I could, but once OSI crossed the line and used illegal tactics, I considered that debt a wash. I say a person has did their time and "paid" their debt when they go seven years paying 23% interest on a car loan, can't buy a house/has to pay rent, can't get free mileage on a 2.9% credit card, can't apply for a simple in store credit line, etc... Not paying a debt may be similar to committing a crime, but I feel seven years of punishment is the same as doing time; I don't feel bad about not being able to pay all my debts because I did my time.

Now, I have a question; if I were to leave the state with a gas card debt which was over 6 years old and moved to, say, Idaho, would that debt start over or would only the SOL law apply?

[debtcollector`]

Originally Posted by bigfoot_22

...Now, I have a question; if I were to leave the state with a gas card debt which was over 6 years old and moved to, say, Idaho, would that debt start over or would only the SOL law apply?

Obviously, I disagree with part of your comments.

So let's simply address the question: The correct legal answer is the SOL that applies is the one where the agreement was signed. However, in a practical sense, judges apply the law that they are familiar with. So, if, for example, you moved from Missouri to New York. A New York judge would probably apply New York law - unless a satisfactory case was made to apply Missouri. But don't count on it.

The SOL does not renew simply because you move. However, it does toll for the time you are out of state. So, if your debt is still inside the SOL and you move to another state the SOL freezes. You can live in that other state for ten years -- the SOL hasn't expired. Now in a practical sense, that still has to get by a judge and if you are arguing SOL on a debt that is 15 years old in most states, you're going to win.

DC