Stopping the Toll

My question involves collection proceedings in the State of: florida
if i moved from one state,florida, but still maintained a mail box at a ups store, and received some mail there, but actually lived permanately in another state, california, am i still a legal resident of the state. florida, for tolling puroposes?

If your only connection with the first state is a rented mailbox, and you've taken up residence in a different state, you're not a resident of the first state.

then what would constitute residency in a state? many retirees split resdiences between states. if you have a physical address, and mail from a creditor or anyone being accepted in that state, what more could be needed? the only drawback i can see, is they would sue you in that state and you would have to travel back there to defend yourself in a suit.

Key word in that sentence is "residence".

Unless you are one of what my beloved Irish grandfather referred to as the "wee folk", you cannot live in a PO box.

the ups box, is a physical address, it is xxxx xx street, that is how i get my mail. no po box number involved. also, how about homeless people, that have no physical address. they are still considered residents of a state.many can vote, in fact if i hadnt changed over, i believe i could still vote in that state using the ups address. if i tell any creditor i can be reached at that address, it should be sufficient to continue the tolling or sol requirements.

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Quoting junker

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the ups box, is a physical address, it is xxxx xx street, that is how i get my mail. no po box number involved. also, how about homeless people, that have no physical address. they are still considered residents of a state.many can vote, in fact if i hadnt changed over, i believe i could still vote in that state using the ups address. if i tell any creditor i can be reached at that address, it should be sufficient to continue the tolling or sol requirements.

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But you have another address other than a PO box.

You are trying to mask your true address by the use of a not very sophisticated deception...

Further, you must believe yourself to be the first one to think of it.

It will not work.

So, what state issued your current drivres license?

To what state do you pay state taxes?

When you file your federal taxes, what did you use for state of residence.

Where you are employed, what is the address they have for you?

Do you own real estate in any state? Which state?

Do you hold a title to any vehicles? What state issued the title?

What state insurance have you purchased for your vehicle?


Also, take note that you can be required to prove your residency if you want to fight the SoL based upon it not tolling. There may also be means to serve you via publication or mail with that being enough for you to be sued. If you fail to respond, you could lose by default.

i am not masking my true address, i am saying i am a legal part time resident of the state i left, for sol purposes, or tolling purposes. although i dont understand why tolling would stop if you move out of state anyway. if you give them a address that should be all they need. basically if you have a credit card debt you fail on you cant leave the state? ever? then this debt can haunt you forever?

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junker;247891]i am not masking my true address, i am saying i am a legal part time resident of the state

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No, you aren't. If you are, do you live in an apartment or a house? Do you have an address for that residence?

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although i dont understand why tolling would stop if you move out of state anyway.

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cuz that is the law.

i dont pay state or federal taxes, i have va pension, i have owned property in both states, i do liscense and insure in california for now. as i said homeless people dont live in apts but are residents altho called transiets.you can also have mail delivered general delivery. if i didnt have car and used mass transit, and didnt have a license but just a state id, i could get one in any state. i googled residency requirements for voting and found many states have none. again i ask does the tolling stop forever if you move? i mean can they sue you 20 years later just because the toll stopped when you move out of state. dont get me wrong i fully understand what you are saying and going by the law, but i dont understand what i am trying to say is wrong. by the way i have been judgement proof for quite a while, and i am just curious about this tolling thing.

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;247903]i dont pay state or federal taxes, i have va pension

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,that is a pretty broad statement. Not all VA pensions are non-taxable.

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i have owned property in both states,

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I didn't say "owned" (past tense), I said "own" (present tense)

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i do liscense and insure in california for now.

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then there you go. You are a California resident. If you aren;t, you are committing insurance fraud and have illegally obtained a California drivers license.

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as i said homeless people dont live in apts but are residents altho called transiets.

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and this has what to do with your situation? You do have a license and own property in California. How may of them claim the same?

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but just a state id, i could get one in any state

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Not legally you can't.

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. i googled residency requirements for voting and found many states have none.

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Really. Show us that list.

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again i ask does the tolling stop forever if you move?

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there are defenses to it but you would have to assert those defenses. You are simply hiding.

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i mean can they sue you 20 years later just because the toll stopped when you move out of state

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sometimes, especially when you intentionally hid your true location.

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. dont get me wrong i fully understand what you are saying and going by the law, but i dont understand what i am trying to say is wrong.

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You are trying to circumvent the law.

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by the way i have been judgement proof for quite a while,

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sure you are. That is why you spent all this time hiding and trying to prevent the tolling of the SoL.

ok, thanks for your opinion, but to clarify, i am not hiding and never have hid from any creditor. they have always had a address and phone to get a hold of me whereever i lived. i said i have mail shipped to me. if i am judgement proof i dont need to hide. i have been sued by creditors, and they lost for a variety of reasons i posted earlier. the point i was trying to make with homeless, is they dont have addresses, but are residents of the state.so i dont think you have to own anything to be a resident .they get mail somewhere, probably general delivery. some pensions might be taxable, but mine is exempt. the issue was tolling stopping when you move from a state. as long as a creditor can get ahold of you it shouldnt matter where you live. and i still think i am right. but thanks again.

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. if i am judgement proof i dont need to hide

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.but you do appear to be hiding.

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i have been sued by creditors, and they lost for a variety of reasons i posted earlier

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that has nothing to do with being "judgement proof"

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. the point i was trying to make with homeless, is they dont have addresses, but are residents of the state

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Yep but they are not trying to say they sleep in Cali and claim residence in Florida. You are.

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.so i dont think you have to own anything to be a resident

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.Didn't say you did but the fact of how your articles are dealt with and the fact you own a house in Cali and not Florida shows you calim to be a resident of California.

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some pensions might be taxable, but mine is exempt

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. not a concern of the situation. I merely adressed your claim previously. It changes nothing.

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the issue was tolling stopping when you move from a state.

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No, that is when the tolling begins.

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as long as a creditor can get ahold of you it shouldnt matter where you live.

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like I said, there are some defenses to the tolling but you would have to present them in court.

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and i still think i am right. but thanks again

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so again, you are wrong. I guess, if nothing else, you are at least consistant.

Agreed.

You are wrong.

You are committing knowing deception. You can rationalize it all you want.

Luckily, the creditors, if motivated enough, can always track you through your pension.

Have a nice life.

if having a po box in another state were illegal, i am sure ups wouldnt allow it. in fact the local ups store here says their biggest client in california is Nevada residents, that cannot have Canadian medicine shipped to that state, so they have them shipped here and forwarded. must be a bunch of criminals huh. as i said the creditors can and do get a hold of me. they dont need to track me through my pension. its not like they are coming over for coffee. a florida website says you have to show INTENT to domicile. starting with a po box shows intent. having some mail there shows intent. going there a couple of months a year shows intent. that should make me a part time resident for sol purposes.

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Quoting junker

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if having a po box in another state were illegal, i am sure ups wouldnt allow it. in fact the local ups store here says their biggest client in california is Nevada residents, that cannot have Canadian medicine shipped to that state, so they have them shipped here and forwarded. must be a bunch of criminals huh. as i said the creditors can and do get a hold of me. they dont need to track me through my pension. its not like they are coming over for coffee. a florida website says you have to show INTENT to domicile. starting with a po box shows intent. having some mail there shows intent. going there a couple of months a year shows intent. that should make me a part time resident for sol purposes.

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Good luck and keep in touch.

I suspect you are the very first person in the history of the world to think of this scheme so I doubt that anyone will catch on.

Florida 95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.



if i have a address there i am not absent, if i go to the state every year i am not absent? if i show intent to domicile, i am not absent? i would NEVER suggest a scheme to circumvent any thing. i am merely trying to find the LEGAL rights of a debtor. i do respect your opinions

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Quoting junker

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Florida 95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.



if i have a address there i am not absent, if i go to the state every year i am not absent? if i show intent to domicile, i am not absent? i would NEVER suggest a scheme to circumvent any thing. i am merely trying to find the LEGAL rights of a debtor. i do respect your opinions

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Are your pants actually on fire?

Anyway, you got your answer. We are not going to play "What if" until you hear the magically answer "you are correct" that you are looking for.

If you live in a state and have a residence there, you can claim residency. A PO box is not enough.

Plain as that.

If you don't believe us, just keep doing what you are doing.

Good luck.

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Quoting junker

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then what would constitute residency in a state? many retirees split resdiences between states.

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I have not looked, but "residency" or part time residency, has a specific meaning, say you stayed in that state so many months out of the year, as you indicate.

If Joe stayed in CA 10 months out of the year and FL 2 months, he can not claim residency for FL.

Something like that??

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=junker;248008]if having a po box in another state were illegal, i am sure ups wouldnt allow it

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Nobody here said anything of the sort. Nobody ever said it was illegal to have a PO box inanother state. I guess you, in your attempt to rationalize your actions, are just getting a bit paranoid.

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. in fact the local ups store here says their biggest client in california is Nevada residents, that cannot have Canadian medicine shipped to that state, so they have them shipped here and forwarded. must be a bunch of criminals huh.

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this has nothing to do with your situation and there are no similarities. I have not researched the laws concerning importing meds into California but they may actually be committing a crime doing what they do. UPS does not know what is being shipped so they don;t care. THey are not the police but merely the provider of the mailbox.

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as i said the creditors can and do get a hold of me.

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so what are you even bothering with all of this for. It is apparent you want to claim the SoL has run and you can use that defense in court, Apparently you are concerned with a judgement agasint you.

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a florida website says you have to show INTENT to domicile. starting with a po box shows intent. having some mail there shows intent.

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NO, it doesn;t. At least without further actions. It may be considered so IF there are subsequent actions but it by itself shows no intent of establishing a domicile.

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going there a couple of months a year shows intent.

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Wow, vacation time. Where do you live when you go there?

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that should make me a part time resident for sol purposes.

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depending on a lot of other things, it could.. I would have to look but most states require you to get a state license AND transfer your vehicle titles to this state within 30 days of establishing residency.

Are you getting a Florida license and changing your vehicle titles?

Hey, since Florida does not have state income taxes and my current state does, maybe I should get a PO box and claim Florida residency so I won;t have to pay taxes. WOW, I never knew tax evasion could be so easy.

my original question simply put, amounted to can you claim residences in two states, you all have answered that very plainly no. my reference about homeless. being you dont have to own property or license a car or have a drivers liscence to be a resident. as far as having a place to live, you can live under a bridge in a cardboard box and be a resident. a physical address where i accept mail does show intent to domicle,if i split residences between boxes under bridges between california and florida i am as much a resident of either state without property. i dont have to have a car transerred., i am not afraid of a judement, i already have one,you are the one that implied what i was doing was less than honest, thats why i mentioned a box being illegal, so you all say even though i can have a po box in another state, i can not claim residency in two states. i get that message.the tolling stops when i claim residency in another state, i assume this applys to jd buyers, and oc. or just oc. either way it doesnt matter, if they sue, it will be settled in court. i must say though you all seem very creditor friendly, definitely not debtor friendly.

actually, I am debtor friendly but I do believe that you should take care of your responisbilities. You simply seem to want to elude those responsiilities.

The reason my credit costs are high is because of deadbeats. You seem to fit that description.

I am not deadbeat friendly.

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i dont have to have a car transerred.,

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from thre Florida DMV:

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<H5>Relocating to Florida

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If you are a new Florida resident, you are required to register your vehicle within ten days and get a Florida drivers license within 30 days. If you have an out-of-state drivers license and it has not expired beyond 30 days you can convert your license without taking a written or road test. If you need a drivers license for the first time you must complete a Florida DMV approved four-hour Drug and Alcohol (DATA) course and DMV test on road signs and road rules.


Car Registration and Auto Insurance

Before registering your vehicle, you must obtain Florida Auto Insurance and have verification of the VIN number. The auto insurance must be purchased from an insurance company licensed by the Florida Office of Insurance Regulation. Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). If you have been involved in a crash, or been convicted of certain offenses, you may be required to purchase bodily injury liability coverage (BIL).
The Vehicle Identification Number (VIN) can be validated with a manufacturers Certificate of Origin if the vehicle is new. If it is not new, the VIN must be verified with a HSMV 82042 form from Alachua tax collector office and signed by a Florida notary, DMV compliance examiner, law enforcement officer, or a licensed dealer in Florida.

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wow! 10 days. Most states I have researched allowed 30 days.

banks failing every week...700 billion bailout, and you are blaming ME for your credit woes???