Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Default Tolling of the Statute of Limitations

    My question involves collection proceedings in the State of: Maine vs Missouri

    I've been reading through some of the posts and it sounds like if you move out of one state into another (in this case Maine to Missouri) then the SOL is put on hold in the original state?

    Can someone explain that to me in more detail? Does that mean that as long as I live outside of Maine that should a debt collector trying to collect an old credit card debt that I had obtained while living there has no SOL at all?

    I've not received any kind of summons or anything at this point. But I have started to receive collection letters on an old CC debt that my ex-husband had racked up back when I lived in Maine and was supposed to pay off in the divorce (which of course never happened).

    I have been living in St. Louis since October 2001. I don't know what Maine's SOL is but Missouri's is 5 years from what I can find... but from what I'm reading on this board it doesn't matter because I left Maine?!

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tolling of the Statute of Limitations

    Maine's tolling statute provides as follows:
    Quote Quoting 14 MRSA §866. Defendant out of State when action commenced; insolvency
    If a person is out of the State when a cause of action accrues against him, the action may be commenced within the time limited therefor after he comes into the State. If a person is absent from and resides out of the State, after a cause of action has accrued against him, the time of his absence from the State shall not be taken as a part of the time limited for the commencement of the action. If a person is adjudged an insolvent debtor after a cause of action has accrued against him, and such cause of action is one provable in insolvency, the time of the pendency of his insolvency proceedings shall not be taken as a part of the time limited for the commencement of the action. No action shall be brought by any person whose cause of action has been barred by the laws of any state, territory or country while all the parties have resided therein.

  3. #3
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Tolling of the Statute of Limitations

    Do you know what that means in English? lol I read it 5 times and I still don't understand what it is saying...

    Does the last sentence mean that ME doesn't allow a lawsuit to be brought against an ex-resident if the other states SOL has been reached?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tolling of the Statute of Limitations

    What part can't you understand?

    The last part means that once the statute of limitations has run, you can't revive it by moving to Maine and filing a lawsuit under this statute.

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Tolling of the Statute of Limitations

    Well I think it is saying that someone cannot bring action against me IN Maine if I'm not residing in Maine, but that the SOL is on hold until I should move back to Maine. At that point the time starts ticking again and someone could bring action against me in Maine until the SOL runs out.

    Yes?

    If that's the case then the CC company would have to bring action against me in MO rather than ME and the MO SOL would apply?

    So confusing!

  6. #6
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Tolling of the Statute of Limitations

    Guess no one can accurately interpret it? I see tons of views but no replies.

    1. Sponsored Links
       

Similar Threads

  1. Defenses: Tolling of the Statute of Limitations at Start of Injury
    By whoopeerabbit in forum Civil Procedure
    Replies: 14
    Last Post: 03-13-2011, 12:06 PM
  2. Collection Lawsuits: Defense Against Very Old Debt and Tolling of the Statute of Limitations
    By JGE in forum Debts and Collections
    Replies: 11
    Last Post: 01-24-2011, 07:52 AM
  3. Collection Lawsuits: Statute of Limitations for Debt, Non-Community Property State, No Borrowing Statute
    By msnerd in forum Debts and Collections
    Replies: 2
    Last Post: 09-05-2010, 08:32 PM
  4. Defenses: Does an Appeal Stop the Tolling of Statute of Limitations
    By Colorado Belle in forum Civil Procedure
    Replies: 1
    Last Post: 02-10-2009, 06:48 AM
  5. Collection Lawsuits: Tolling Of The Statute of Limitations In New York
    By nov07 in forum Debts and Collections
    Replies: 5
    Last Post: 07-01-2007, 11:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources