statue of limitations

[JETX]

My response:

Okay. Go for it!

IAAL

Lets see now.....
Just a minute, gotta' get this right....

Just another minute.... Oh, I am so excited, I'm going to pee my pants!!

Okay, okay, okay!!!
Here goes...
Could it be that the SOL in the original state is frozen when the debtor leaves.... and therefore, the SOL would still be valid in that state???
Oh, please, please, please... be right!

And for extra points..... the applicable Nebraska statute for this is:
"25-214 - Actions against absconding or absent debtor.
If, when a cause of action accrues against a person, he is out of the state, or shall have absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is absconded or concealed; and if, after the cause of action accrues, he departs from the state, or absconds or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought."
Source: http://statutes.unicam.state.ne.us/corpus/chapall/chap25.html

 

[jayzad]

Why I left

I left the state of WV because I needed to find work. The place I worked at for 25 years closed. And after year and a half with very little income and a illness I picked up and moved. It was during that time that I was unable to pay on the cards. A roof, food and health come first. I'm lucky that I have the job I have now. I also make a lot less money, and after bills there was no way I could have got caught my past debts. Just for some clarification.
Thanks.

 

[Dougthegreat]

I left the state of WV because I needed to find work. The place I worked at for 25 years closed. And after year and a half with very little income and a illness I picked up and moved. It was during that time that I was unable to pay on the cards. A roof, food and health come first. I'm lucky that I have the job I have now. I also make a lot less money, and after bills there was no way I could have got caught my past debts. Just for some clarification.
Thanks.

So, what about your current situation makes you think you no longer owe that money, or that the money became yours, or that it's not your responsibility to pay back the debt that you agreed you would?

Just curious - trying to understand the thought process (or lack thereof) of a deadbeat debtor.

 

[jayzad]

Ladynred and JetX

Ladynred and JetX
Where you able to figure out yesterday what the SOL is, with the amount of information you were given? And if moving from one state to the other changed the SOL? Thanks for the help


********************************************

So, what about your current situation makes you think you no longer owe that money, or that the money became yours, or that it's not your responsibility to pay back the debt that you agreed you would?

Just curious - trying to understand the thought process (or lack thereof) of a deadbeat debtor.

Dougthegreat, this is not personally directed to you because I'm not into negativity. But since I started this post I've been criticized for my spelling, the state I live in and now my morals.
I understand what you are saying, but this is not morals dot com. I’ve already said enough of my personal information and see no need to go into more detail about the amounts, income and so forth, so that someone can judge anothers life. I hope you understand. Thanks to all,

 

[Dougthegreat]

I’ve already said enough of my personal information and see no need to go into more detail about the amounts, income and so forth, so that someone can judge anothers life. I hope you understand. Thanks to all,

I didn't ask for your earning amounts. That doesn't matter, as it doesn't change your obligation to pay back a debt.

I was just wondering more about the mindset of a debt dodger. However, your post did provide some insight - either you believe that you're too poor to worry about morals, or you just don't care that your word is no good or that your signature on the dotted line means nothing.

I do realize I come off as harsh, I just can't even comprehend how someone just quits on their obligations one day and all of the sudden, it's not their problem. All of the sudden, the money that they didn't earn is essentially theirs.

If I asked to borrow $500 from you and you never saw it again, how would you feel?

 

[jayzad]

Hang them all

I didn't ask for your earning amounts. That doesn't matter, as it doesn't change your obligation to pay back a debt.

I was just wondering more about the mindset of a debt dodger. However, your post did provide some insight - either you believe that you're too poor to worry about morals, or you just don't care that your word is no good or that your signature on the dotted line means nothing.

I do realize I come off as harsh, I just can't even comprehend how someone just quits on their obligations one day and all of the sudden, it's not their problem. All of the sudden, the money that they didn't earn is essentially theirs.

If I asked to borrow $500 from you and you never saw it again, how would you feel?

Seems to me that in your personal and professional opinion there is no understandable reason why one may not pay a debt they owe.
Hang them all.

 

[Dougthegreat]

Seems to me that in your personal and professional opinion there is no understandable reason why one may not pay a debt they owe.
Hang them all.

It's not my professional opinion, as I have absolutely nothing to do with debt collections.

In my personal opinion, there is no reason why a debt should be dissolved - just because you fall on hard times, or you come up short, or little green men hold your wallet hostage, or whatever other excuse people use, it still doesn't absolve you from the commitment you made.

Now, please take note - I'm saying that a debt should never be dissolved, but if a consumer would need the terms negotiated during a layoff or something, that's understandable. Several banks offer an "insurance policy" on loans where if you have a life-altering event like a hospitalization or a job loss, you're not required to make a payment for up to a year - in fact, I have one out on my car loan, and it sets me back $12 a year.

What I'm saying is that there are tools out there for mature and responsible adults to pay back their obligations, even during times of crisis. Chapter 13 bankruptcy is one of them, where instead of having debt dissolved, it's paid back in regulated installments.

Oh, and yeah - you didn't answer my question about the $500 dollars.

 

[Ladynred]

OH please.. take your moral speeches somewhere else. You really are quite tiresome. People don't need any 'lessons', and certainly not from you. You're as bad as all the other types out there who think they can enforce THEIR moral standards on everyone else around them and who thinks anyone who doesn't feel the same way is dirt.

So what do so you say in a situation like this ?? We have an 86 year old woman who had some debt, but she grew up in the depression and a different era when there were NO credit cards, and her entire life she paid her debts. Now she lives on a fixed income, pays over $1200/month for her needed prescriptions, has NO assets (sold her home to go into assisted living), and has to stop paying on the couple of minor credit cards she has had for years so she can SURVIVE.

Are you saying this elderly woman who can't survive w/o her meds should just go and DIE just to pay a debt collector ??? Where's your MORALS in that situation ?? I say HANG 'EM ALL and let the old lady live !!!!!! She's more than paid her debts her entire life.. and the credit card companies get their tax write-off anyway.

And if you think this is a fantasy situation .. its not.... and the debts are less than $1000 !

 

[Dougthegreat]

OH please.. take your moral speeches somewhere else. <snip> You're as bad as all the other types out there who think they can enforce THEIR moral standards on everyone else around them...

Oh, wow. All of the sudden an abstract moralist issue to pay your bills, be responsible for yourself, and follow through on your promises to pay off a debt? Wow, that cute little "Obituary for Mr. Common Sense" is certainly more true than I ever realized.

People don't need any 'lessons',

Wow, sure seems like the opposite, with all the people whining on here about how can they best go about taking money that doesn't belong to them, and you enabling them!

So what do so you say in a situation like this ?? <snip>

I say that she agreed to pay. I'm sorry, LIR, but at what point are you entitled to free money? I forgot where, in the loan agreement, that after turning a certain age you were no longer responsible for your debts, and that the credit card company's assets became yours by default. I must've missed the clause where after a predetermined amount of hardships, other people's money was rightfully yours. Could you please point them out?

Oh, wait, they don't exist?

Okay, well then you'll have to elaborate on who "deserves" this free money. Why does the person in your story deserve it, but not the desperate college student who posted on here who makes a fourth of what our households enjoy, has managed to stay out of debt, and has more bills? Why does the person in your story deserve free money, hmm? Are you trying to enforce your "moralistic BS", by saying that at a certain point, people should be absolved of their financial responsibilities? At what point is this? What point can I decide that I've lived long enough without having my food paid for, and start using the money I'd spend on groceries on something a little more enjoyable?

And if you think this is a fantasy situation .. its not.... and the debts are less than $1000 !

Oh, I don't doubt it for a minute. My own grandfather, because of complications resulting in getting shot in World War II during the eventual liberation of Dachau, died with many medical bills - you know what his dying wish was? That they wouldn't be dissolved. He asked that his debt not be dissolved, but that his kids help to pay it off. Was it hard? You'd better well damn believe it. Did we do it? Yes.

The fact is, with all of your situations where you claim that the liability for your own responsibility is passed, I can give you just as many stories of failed businesses and tremendous loans coming due during the Depression, where rather than "HANG 'EM ALL" as you so eloquently put it, the people paid off their debts. Not because it was easy, or even because some "moralist BS" told them they should, but because it's the right thing to do, period. They had integrity - their word was worth something. They followed through.

It would seem that the biggest problem evidenced by yourself and those on this forum is the bankruptcy in America - not necessarily the financial bankruptcy, but the bankruptcy in character and responsibility. What kind of a nation are we really furthering that believes at some point, you shouldn't be held accountable for your own voluntary promises - that you shouldn't have to worry about integrity?

I submit to you that it would be a nation that was no longer directed under the principles of "life, liberty, and the pursuit of happiness".

 

[JETX]

I submit to you that it would be a nation that was no longer directed under the principles of "life, liberty, and the pursuit of happiness".

Doug, when you first started posting, I saw your forum name and thought.... what a pompous ass!!
However, after reading some of your posts.... I find just the contrary.

Good post. Thank you for 'voicing' my beliefs.... much better than I could have.

 

[Dougthegreat]

Doug, when you first started posting, I saw your forum name and thought.... what a pompous ass!!
However, after reading some of your posts.... I find just the contrary.

Good post. Thank you for 'voicing' my beliefs.... much better than I could have.

JETX, "DougTheAverage" just didn't have the same ring to it.

Edit:
Thanks for the kind words, it means a lot coming from such a respected person on these boards!