SOL if you move?

bluefrue · 01-11-2008, 06:14 PM

I recently moved from FL to NY in 11/2007. The SOL in FL is 4 years and I think it's 6 in NY. The SOL on my credit card debt should be coming up in 2/2008, or at least the last I recall being able to make any payments was 2/2004.

Am I completely screwed now because I moved? Do I have to suffer under another 2 years of threats and potential lawsuits?

Plus, I am close to having my car paid off and I'm worried creditors will come after me when my vehicle no longer belongs to the car company. It would be worth about $12,000 resale at least. Do I risk losing it if I am sued?

hannah · 01-11-2008, 06:51 PM

Where do you legally reside?

bluefrue · 01-11-2008, 07:01 PM

I live in NY, although, the only thing that ties me to the state is my current employment, which is contractual. My driver's license & tag are still registered for FL. I live with friends so I do not own nor rent any property in NY or have any utilities in my name. I don't know if I can skim by given those facts.

I had really hoped to be able to start repairing my credit once those 4 years were up by having all those accounts charged off, so to be faced with another 2 years is completely daunting to me just because I had to move 4 months before the SOL was due to expire.

hannah · 01-11-2008, 07:06 PM

So you have a domicile in FL?

bluefrue · 01-11-2008, 08:08 PM

Not unless I go live with my family for a while.

hannah · 01-11-2008, 09:32 PM

Quote:

Originally Posted by bluefrue

Not unless I go live with my family for a while.

Ok. Let's start over. Where are you registered to vote? Where does your mail go? Where do you pay taxes? In NY or FL?

Enigma · 01-11-2008, 09:47 PM

Unless you are a legal resident of NY, then FL would apply. BUT, since you are absent from the state of FL, the SOL is tolling, meaning the clock has stopped.

spinn · 01-12-2008, 01:53 AM

NY borrows the FL SOL...as soon as you are a resident of NY ....since the debt was incurred while you were a resident of FL the SOL becomes 4 yrs.

You are in jeopardy when in limbo.

bluefrue · 01-12-2008, 05:49 AM

Taxes are paid in NY. Mail is delivered to NY. I'm still registered to vote in FL as far as I know.

I don't mean to be confusing. It's just that, to be perfectly honest, I would be homeless right now if it weren't for my friends taking me in, so home really is where I hang my hat at the moment. (It's taken all I can do to keep my car so I can keep working, which is why I'm afraid of losing it in a potential lawsuit.) I don't know what technically establishes residency since, as I said, I neither own nor rent property here or have any utilities in my name. From my POV I could just as easily go stay with my aunt for a while in FL and claim NY was just an extended vacation. The work I do is contract, so I don't even have permanent employment here.

If NY borrows FL's SOL then that's great, but then I don't know how I would further establish myself in NY or argue that those debts should be charged off when the time comes.

Enigma · 01-12-2008, 06:00 AM

Read what I posted. You are still a resident of FL and while you are absent the time tolls.

bluefrue · 01-12-2008, 07:39 AM

Ok, well then how do I ensure the SOL keeps ticking? I cannot afford to move back to FL for at least a year.

Enigma · 01-12-2008, 07:46 AM

Quote:

Originally Posted by bluefrue

Ok, well then how do I ensure the SOL keeps ticking? I cannot afford to move back to FL for at least a year.

That's the only legal way.

bluefrue · 01-12-2008, 07:58 AM

So, then I am basically under the threat of lawsuit indefinitely until I move back to Florida? There's nothing else I can do?

What about my car? Is it not in my best interest to pay it off? Can it be seized and sold to pay off the debt?

Enigma · 01-12-2008, 08:19 AM

Do what you need to do to become a resident of NY.

Currently, it is not advisable for you to pay off your car. In FL, your exemption for a vehicle is $1000.

bluefrue · 01-12-2008, 08:55 AM

I almost wonder if it's worth it to try and settle... even if I don't pay off my car its scheduled pay off date is 10/2008 from regular payments and I will not be back in FL by then.

I haven't heard from any collection agencies in a while, but like I said, I'm concerned when that car loan is paid off and they learn the statute's been extended it will renew their vigor.

However, at this point it's been so long I don't remember who or what I owe anymore. Once upon a time I remember getting offers to pay 50% of what I owed to consider it settled, but I worry too that those offers would no longer be valid.

Enigma · 01-12-2008, 09:00 AM

Have you pulled your CR lately? If not, I'd start there.

Don't worry about the SOL thing right now.

bluefrue · 01-12-2008, 09:05 AM

No, I've been worried any activity would raise flags. I don't mean to sound paranoid, but I am. :P