Statute of limitations

[mjmagic]

What is the name of your state? Illinois

My question is, does the statute of limitations apply to the state the debt was made or the state I live in now? I lived in Texas for 30 years. SOL is 4 years for all types there. Oral, written, open end and I can't remember the fourth one. Here in Illiniois it is different. So, what do the collectors have to follow. The SOL in the state the debt was made or the state I live in now?

Also, I have three collectors coming after me for money that's not owed by me anymore. In 2000 I had dental work done and the dentist turned it in to my insurance. They submitted it multiple times but the insurance company refused to pay. (The insurance had paid all other claims before.) The dentist told me not to worry about it that he was going to write it off rather than spend more time bantering with them.

Fingerhut, with the cooker I purchased they sent a cookbook at a cost of $118 for me to "review". I immediately returned it and never ordered anything else from them. I only want what I order and am able to pay for. They say they never received it. I disputed it and they removed the charge. Now collectors are calling me. that has been 8-9 years ago.

The last one is a phone company that didn't turn my phone off when I moved. The man that owned the house I lived in was in a very bad habit of showing off the house and let anyone use it as well as give the security code to the garage door opener. (Even when I lived there.) By the time my mail transferred to me the phone was still on. Now I have a huge bill that they have turned over to collections.

The junk collectors don't know why a debt is written off and assume it was for nonpayment. How do I handle these people?

Thank you in advance.What is the name of your state?What is the name of your state?

[Debt Guy]

The Fair Debt Collection Practices Act requires that you be sued either in the Judicial District where you live or in the Judicial District where you signed the agreement. Some agreements provide for jurisdiction in a specific location -- usually a very creditor friendly state.

That being said, usually one is sued where they reside as a matter of economic efficiency. If sued in another jurisdiction, the creditor will incur additional cost to domesticate the judgment in your state. Generally, suits outside your state are undertaken in order to take advantage of a more friendly SOL.

SOL gets quirky when one moves from one state to another. The SOL is the first state tolls (or freezes) when you leave that state. The SOL in the new state may or may not begin running depending on state statutes -- some states have a "borrowing statute" that borrows the SOL from the old state. You have to read the statutes of both states to figure out how this affects you.

[mjmagic]

I would say quirky would adequately describe this. Maybe I'm just "thick" but this is all clear as mud with the may or may not, here or there, either/or, etc. I do appreciate the answer even though it makes no more sense to me at this point than when I presented the question. Along with a company calling my cell phone looking for another person now for 18 months (and not telling me who they are because the call is for this other person) and repeatedly being told that obviously this other person no longer has this number, I have the above 3 that send notices that each have a different last activity by me date with each notice. I've disputed, objected, talked with them on the phone until I possibly medically could require oxygen and requested information on the company of original debt, date of last activity by me as far as any type of payment, phone numbers, balances and what the collections company has tacked on for their purpose, the list goes on and on. I think they just continuously hound someone until that person throws their hands up in defeat and pays whatever they say just to stop the barrage whether legally owed or not. So it has come to I pay what I absolutely have to have like utilities, lot rent, car payment, insurance, groceries and such. I worry about those first and if anything is left it's sent to the collector that I really owe and does what they say they'll do and put the rest in line. My priorities and common sense are obviously not theirs. I just do what I can.

[spieler]

Case law says under the FDCPA they can't sue or threaten to sue on a sol debt no matter which state your in. They can try to collect, but they can't sue or threaten to sue.

[Debt Guy]

Case law says under the FDCPA they can't sue or threaten to sue on a sol debt no matter which state your in. They can try to collect, but they can't sue or threaten to sue.

That is, of course, assuming that the debt is SOL. We don't know that is the case of the OP here -- his situation is way complicated.

I think there is unresolved conflicting case law in different districts.

Regardless, my interpretation of the intent of FDCPA would agree with you. I sure wish Congress would rewrite FDCPA and eliminate some of the gray areas.

As a pragmatic matter, depending on the size of the debt, the creditor could sue even if it is OOS and just accept the fact that a violation of the FDCPA is merely a maximum of $1000 assuming that the debtor knows how to cross-claim and/or file an independent action. Violation of the FDCPA does not invalidate the debt or the legal action but merely gives rise to the potential for a claim.

Sounds unfair to me but that is the way I think it would work. Although some judge somewhere might get his underwear in a bunch if it were brought to his attention. Probably depends on his attitude that day.

[debtcollector`]

Originally Posted by spieler

Case law says under the FDCPA they can't sue or threaten to sue on a sol debt no matter which state your in. They can try to collect, but they can't sue or threaten to sue.

Don't just state that; cite your case law.

DC

[Chien]

Case law says under the FDCPA they can't sue or threaten to sue on a sol debt no matter which state your in. They can try to collect, but they can't sue or threaten to sue.

DC beat me to it, but I'm posting anyway. If you're going to keep repeating this gibberish despite factual data to the contrary, would you post the supporting Supreme Court ruling? I'll be the first to apologize. Otherwise, you apologize and stuff it.

[Debt Guy]

Magic

I apologize -- we got so worked up disciplining an interloper that I forgot to focus on your questions.

As to the SOL jurisdiction issues in your first post -- please ask your questions again and I will try to be more clear. Your situation is very complicated. Here are some questions I have for you that might help get you specific answers instead of generalities.

1. Where did you live when you signed the agreement?
2. When was the last payment on the account?
3. When did you move from TX to IL?

If there multiple accounts, #1 and #3 will be the same for all but give me #2 for each.

As to the problem you are having with calls on your cell phone. I know that is very frustrating and you are in a catch-22. They won't identify themselves for fear of violating privacy laws. Technically, you have no legal standing to "make" them stop calling.

The idea I have is really sneaky and technically illegal -- but I don't think you will go to phone prison.

Next time the collector calls and asks for "Joe Bob" say , "Yeah, this is Joe Bob". Listen long enough to get the name of the company who is calling, then ask "what is your mailing address" and "what is the reference number on this account".

Then send a letter to the collector (certified mail) -- just say "cease and desist all contact". Sign the letter Joe Bob and then the reference number. The calls should stop.

Does this make sense to you? Do you understand?

Let me know your questions and I'll keep answering until the answers are clear. OK?