Statute of Limitations & Tolling

[shanny06978]

What is the name of your state? I live in Florida, but incurred two debts in IL. One was a credit card I don't remeber applying for (I think it was a part of my college ID card) in 1996 but I got the card in 1998, and the other is an electric bill from 2000, last payment March or April. My questions are 1) Am I past the statue of limitaions on both? and 2) how exactly does "tolling" work, and does it affect my defense if I moved from IL in 2001? Thanks for your help!

p.s. The Collection agency is Asset Acceptance, which I seen meentioned in another thread as suing on expired debts, so I would like to tell them to go somehwere before it gets to that.

 

[Ladynred]

In order to get anywhere easily, they have to sue you in the state where you live now. Either way, the SOL has expired in BOTH states for the 1996 debt. Beware ASS-et and suing on time-barred debts, send them a C&D on that one for sure.

As for the other utility bill, the SOL per UCC is 4 years (goods and services), so that one is NOT beyond SOL and you need to decide what you're going to do about it.

 

[shanny06978]

Thanks for your reply. If my last payment on the electric bill was March or April of 2000, that would make it past SOL too wouldn't it? It was disconnected in May. Isn't there a letter that says leave me alone and if youtry to sue, I will use the expired SOL for my defense. And I read that if you lived in IL when the cause for action happened you are under their jurisdiction, so tolling does not apply, unless you are unable to be served, then it would. Well, at least I think that is what I read. If anyone knows what I'm talking about, let me know. Thanks for you help!