stopping the toll

[junker]

when i moved from florida, i opened a ups mail box and keep some mail coming there,they forward it to me, i moved back to california, now does florida tolling stop on any credit issued there?or am i still a legal resident there for tolling purposes? at this time i have no intention of returning to florida to live.

[junker]

since apparantly no one can answer this, i will venture a guess, that IF you keep a ups box in a former state, ,and advise any creditor of that address, the tolling will continue as it is a legal address in that state. the only drawback i see is that if and when they sue, they will use that address and in my case i would have to travel cross country to defend against a suit. but if you are nearing the end of sol, it would be to advantage to keep a address in your former state for a while. agreed?

[AngelinaCatHub]

I'm sorry, I don't understand any of this. 'Hub

[fltoo]

Have no idea since I thought tolling was a thing of the past now with out of state service of process.

How did you come up with this idea?

[justbroke]

since apparantly no one can answer this, i will venture a guess, that IF you keep a ups box in a former state, ,and advise any creditor of that address, the tolling will continue as it is a legal address in that state. the only drawback i see is that if and when they sue, they will use that address and in my case i would have to travel cross country to defend against a suit. but if you are nearing the end of sol, it would be to advantage to keep a address in your former state for a while. agreed?

I never saw your post.

I have argued something close to this in my Bankruptcy... as I have a similar thing but I live in Florida and left my other State years ago, but maintained a registered vehicle (operating and registered in that State) and had a P.O. box.

However, for Florida...

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.
.
.
.

Having posted that, the reason for this is so that you can be served in a litigation. If you're served by U.S. Mail, I would argue that you could have been successfully served by registered and unregistered U.S. Mail. However, if you abandoned the State with no intention of returning... that's going to be harder to argue.

In my case, I was in that State almost every weekend for the 8 years I lived in Florida. I maintain a registered and operating vehicle in that State. I have maintained residence in that State for at least 5 of the 8 years.

So long as you maintain communication with the Creditor, I don't think the SOL will toll. But, that's just me.

[junker]

what this question basically is asking, can someone LEGALLY be a resident of two states at the same time? as an example a homeless person living under a bridge in a box with no assets whatsoever to register or claim. just a id card. if he claims to live 6months in california and hops a train to go to florida for the winter months, can he claim residency in both states or does one state have to prevail for legal issues like credit requirements for sol to lapse? although i know living in a box he most likely dont care.

[justbroke]

what this question basically is asking, can someone LEGALLY be a resident of two states at the same time? as an example a homeless person living under a bridge in a box with no assets whatsoever to register or claim. just a id card. if he claims to live 6months in california and hops a train to go to florida for the winter months, can he claim residency in both states or does one state have to prevail for legal issues like credit requirements for sol to lapse? although i know living in a box he most likely dont care.

Tolling can be argued from any standpoint. Can the person legally be "served" (even with National Service of Process, this may be moot) with due notice of an impending action.

Someone would argue that a homeless man living under a bridge, is unable to be served -- and the process tolls -- because he is unreachable. But, I'm no lawyer.

Anyone can always argue whether something was tolled. With the way we are so electronic today, it's getting harder to argue that you couldn't find person A living in State B just because he moved.