Has the statute of limitations expired on my debt? Need someone with legal expertise

[quincy]

OP's last payment was October 2009. Let's say the breach occurred the following month when the next payment was due and not paid.The SOL for an action based on a written contract (the SOL makes no distinction as to type of debt) is 8 years and ran out November 2017. If OP was still in Ohio and the suit filed today it would be time barred.

However, OP left the state in 2012 while the SOL was still running. That was when the SOL was tolled so a lawsuit filed today would not be time barred.

Quincy, how else would you explain it?



That's exactly right and exactly how it should be for someone who defaults on a debt.

The statute of limitations is based on the date of default. A suit must be filed within X years of default.

There is no unknown "injury" here. The creditor knows when the debtor has defaulted.

A creditor can file a lawsuit any time after default. The statute of limitations is used as a defense when the suit's filing is not timely.

 

[adjusterjack]

I had my "not" in the wrong places. Fixed it.

The statute of limitations is based on the date of default. A suit must be filed within X years of default, regardless of where in the world the debtor lives.

I don't agree with you. I was looking up case law to support my argument when I came across a wrinkle that could make our argument moot in this case.

Read Drumm v. Brekken:

https://scholar.google.com/scholar_case?case=18118789951322930075&q=2305.15&hl=en&as_sdt=4,36
And you'll see why I am asking the following question:

Ok I see. I will definitely respond if I get anyting. So would you know if the statute of limitations stopped running when I moved to California in 2012? I don't anything about how SOL or tolling works.

Shiningsea, EXACTLY why did you leave Ohio to move to California in 2012?

 

[quincy]

I was about to tweak my post above a bit when you posted (because I generalized and shouldn't have). I eliminated "anywhere in the world" from my post and I also added qualifiers to other posts.

I too have looked at a few cases and can post links later to those that I decide are most on point. I still don't entirely agree with your original statement, AJ, but I am finding some exceptions that made me wish I had worded a few of my earlier statements differently.

I am going to recommend, as was recommended at the start of this thread, that shiningsea seek out an attorney in his area for a personal review of all of the specifics of his debts. There is far more to consider than just the statute of limitations and I fear discussion might lead him in the wrong direction.

 

[shiningsea]

I had my "not" in the wrong places. Fixed it.



I don't agree with you. I was looking up case law to support my argument when I came across a wrinkle that could make our argument moot in this case.

Read Drumm v. Brekken:

https://scholar.google.com/scholar_case?case=18118789951322930075&q=2305.15&hl=en&as_sdt=4,36
And you'll see why I am asking the following question:



Shiningsea, EXACTLY why did you leave Ohio to move to California in 2012?

Thanks again for your opinions and analysis aj & quincy. Sorry was outta town for the weekend. In response to your question: I moved out of state for work and the weather tbh lol. So my take from the Drumm v Brekken case was it would be difficult for any party to toll a case. Unless the debtor(such as myself) was deliberately trying to evade being served or avoid being located. I never did that. Kept my ol phone number and old address even while being in default. But again, I see how tolling the statute of limitations can be interpreted several different ways. So, a big hypothetical. But I get sued. I say I was working and looking for employment. They say the SOL was tolled. It seems based on your case link, the suing party would have to prove I didn't go out of state for commerice reasons(ie prove I wasn't working or looking for employment). But this is so confusing to me, who knows, perhaps I'm wrong.

 

[shiningsea]

I was about to tweak my post above a bit when you posted (because I generalized and shouldn't have). I eliminated "anywhere in the world" from my post and I also added qualifiers to other posts.

I too have looked at a few cases and can post links later to those that I decide are most on point. I still don't entirely agree with you, AJ, but I am finding some exceptions that made me wish I had worded a few of my earlier statements differently.

I am going to recommend, as was recommended at the start of this thread, that shiningsea seek out an attorney in his area for a personal review of all of the specifics of his debts. There is far more to consider than just the statute of limitations and I fear discussion might lead him in the wrong direction.

I agree quincy. I could see this interpreted several ways. But based on the case aj linked to, I suspect the owner of the debt would have a difficult time in court. It seems to imply, at least to me, if you were working or engaged in any type of commerce, they could not toll the SOL.

 

[quincy]

I agree quincy. I could see this interpreted several ways. But based on the case aj linked to, I suspect the owner of the debt would have a difficult time in court. It seems to imply, at least to me, if you were working or engaged in any type of commerce, they could not toll the SOL.

I agree. If sued, you should be able to successfully use the statute of limitations as a defense, given just the facts as you've described them here.

That said, several exceptions exist. There is no definitive answer to your question that anyone here can give you and I am afraid the cases I located will confuse matters unnecessarily.

You will want all specifics personally reviewed by an attorney in your area.

Good luck.

 

[shiningsea]

I agree. If sued, you should be able to successfully use the statute of limitations as a defense, given just the facts as you've described them here.

That said, several exceptions exist. There is no definitive answer to your question that anyone here can give you and I am afraid the cases I located will confuse matters unnecessarily.

You will want all specifics personally reviewed by an attorney in your area.

Good luck.

I will be contacting an attorney who specializes in debt and bk for sure. However, if you had any other cases you could link to me, it'd be much appreciated. I've found that sometimes you gotta point attorneys in the right direction. And it won't hurt to come prepared with information that my attorney may not be aware of. Thanks again!

 

[quincy]

I will be contacting an attorney who specializes in debt and bk for sure. However, if you had any other cases you could link to me, it'd be much appreciated. I've found that sometimes you gotta point attorneys in the right direction. And it won't hurt to come prepared with information that my attorney may not be aware of. Thanks again!

You should trust that any attorney who specializes in debt collections will know the laws and exceptions that apply to your specific debts.

Good luck.