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Statute Of Limitations When Moving?

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  • Statute Of Limitations When Moving?

    I've never understood the SOL as it applies to moving from one state to another?

    Does the state where debt was incurred remain the state whose laws apply?
    ...or does the new state of residence have any role in this?

    also, is 'tolling the debt', mean that if you leave a state permanently, the SOL is
    tolled permanently?

  • #2
    My understanding is that the state where the debt was incurred is the one who's laws apply. Many times the headquarters for the creditor are in another state, but that doesn't matter, as they have to adhere to the laws of the state where they are doing business.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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    • #3
      Originally posted by ryan View Post
      I've never understood the SOL as it applies to moving from one state to another?

      Does the state where debt was incurred remain the state whose laws apply?
      ...or does the new state of residence have any role in this?

      also, is 'tolling the debt', mean that if you leave a state permanently, the SOL is
      tolled permanently?
      I'm not a lawyer, but the S.O.L. applies to the state where the "infraction" occurred and they have the right to sue you in that state. Simply moving away to a state that has a lessor time is tantamount to avoidance and won't fly.

      Do nothing to admit you owe anything and they can STILL attempt to sue you in the venue of the debt. At that time if the SOL has run out, that is a valid defense. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


      • #4
        Originally posted by AngelinaCatHub View Post
        I'm not a lawyer, but the S.O.L. applies to the state where the "infraction" occurred and they have the right to sue you in that state. Simply moving away to a state that has a lessor time is tantamount to avoidance and won't fly.

        Do nothing to admit you owe anything and they can STILL attempt to sue you in the venue of the debt. At that time if the SOL has run out, that is a valid defense. 'Hub
        Thanks to both of you....so, if my brain gets this right, if you were to move (not for SOL reasons anyway, but for job), and a creditor decided to sue you within the SOL period, you either come back to home state to defend (very impractical), or you're likely going to lose, right?

        If so, then relocating is almost guaranteed to cause you to lose a credit card suit. Seems odd they can serve you when you are 2,000 miles away in your new state (Texas)? I had thought maybe it could be argued that the venue is wrong. In fact, it's not even likely I'd know the lawsuit occurred until judgment was recorded, I suppose.

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        • #5
          From what I have experienced, and read on this forum, it is seldom that a creditor that does not have a secured loan will bother to file suit. And a credit card is an unsecured debt. If it is a personal loan secured by a piece of chattel, such as a car, then the creditor may very well file suit.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


          • #6
            Originally posted by ryan View Post
            Thanks to both of you....so, if my brain gets this right, if you were to move (not for SOL reasons anyway, but for job), and a creditor decided to sue you within the SOL period, you either come back to home state to defend (very impractical), or you're likely going to lose, right?

            If so, then relocating is almost guaranteed to cause you to lose a credit card suit. Seems odd they can serve you when you are 2,000 miles away in your new state (Texas)? I had thought maybe it could be argued that the venue is wrong. In fact, it's not even likely I'd know the lawsuit occurred until judgment was recorded, I suppose.
            You have it correct. The venue is always where the incident happened. He would first have to serve you, however, it could be by newspaper if you cannot be found. And yes, they could get a Judgment if you do not respond. I don't have enough info to tell you if you are worth that trouble in debt. It is possible is all I can say.

            To serve you over state line is more expense et al. More info or stop worrying. Best to you. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


            • #7
              Originally posted by ryan View Post
              Thanks to both of you....so, if my brain gets this right, if you were to move (not for SOL reasons anyway, but for job), and a creditor decided to sue you within the SOL period, you either come back to home state to defend (very impractical), or you're likely going to lose, right?

              If so, then relocating is almost guaranteed to cause you to lose a credit card suit. Seems odd they can serve you when you are 2,000 miles away in your new state (Texas)? I had thought maybe it could be argued that the venue is wrong. In fact, it's not even likely I'd know the lawsuit occurred until judgment was recorded, I suppose.
              If a creditor decides to sue you, they must sue you where you live, not where the debt took place.

              Relocating will not cause you to lose a credit card suit. 50% or more people relocate every year.....
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

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