debt should be bar by sol but move out of state

I have a credit card debt which was accured in California (4 years SOL {Statutes of Limitations} on Credit Card Debt). There's a tolling statute in California but I couldn't find any case actually tolling credit card debt. This debt was charge off in 2002 and since haven't made any payments on this debt. I went to Florida in 2005, but I didn't give up my California Driver's License and contitued to claim domicile in California. The debt collector called my mother's house (in 2008) asking for my where abouts. None was given. The compound question is this. I might need to change my domicile to Florida and change to a Florida drivers' license.

Would it be better to go back to California and renew my drivers license or get a Florida one?

Can the debt collector/attorney toll the SOL?

Is there any case history that would permit tolling this kind of case?

Would this violate 14th Amendment since this debt could be tolled indefinitely if I don't return to California?

Would it be better to be sued in Florida or California for this type of debt using the SOL affirmative defense?

Could the doctrine of laches work here, if the SOL does not bar the debt? - Is this your question? Add additional information
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Answers (1)

Jonathan Gregg Stein

Jonathan Gregg Stein Avvo Pro

Contributor Level 5
The short answer is that the SOL can be tolled while you are out of state. There are no cases that I know of specifically applying it to a credit card debt. But, there are plenty of cases that state it applies to other cases. I can't imagine why it wouldn't apply to a credit card debt though.

It does not violate the 14th Amendment.

As for whether it would be better to be sued in Florida or California, I do not know. I don't know enough about Florida law.

You can and should argue the doctrine of laches.
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