SOL and moving to different state

[cdstatic]

The Statute of limitations in the state in which the default occured was 3 years. I lived in that state for when I defaulted. I moved to a new state which has a 6 yr statute of limitation. I recently received a summons. I am beyond the SOL for the original state, but with the timeframe for the new state. Which would apply? Is there somewhere I can read up on this?

Thanks,

[lrprn]

I am beyond the SOL for the original state, but with the timeframe for the new state. Which would apply?

The debt belongs to the state it originated in, so your original state's SOL will apply. However, you need to know more detail than just the SOL - state laws vary widely regarding if a debt can be legally 're-aged' by the creditor to keep the SOL from kicking in.

Is there somewhere I can read up on this?

http://law.findlaw.com/state-laws/criminal-statute-of-limitations/

http://www.fair-debt-collection.com/SOL-by-State.html

http://www.expertlaw.com/library/limitations_by_state/

Hope this helps!

[AngelinaCatHub]

I agree with 'lrprn', but under any circumstance may I add, answere the summons, either in letter or person. You do not want a default Judgment on you either right or wrong, it will take more to get it off than to prevent it from happening. 'Hub

[cdstatic]

Thanks for the links. I did look through to verify nothing has re-aged the debt.

However, I filed my response to the summons today and I am a bit alarmed by the clerk of court desk. The person who helped me stated he did not think my answer to the summons was sufficient. I basically stated the debt was aged beyond the statute of limitation and provided the statute of limitation for my former state, the state of origination. He thought this would basically put me in a position of acknowleging and agreeing to the debt and I would loose any case brought against me. What are your thoughts on this?

[justbroke]

Statute of Limitations have this, what I think in this modern day, dumb "tolling" feature. That's where you leave the jurisdiction and the clock stops. However, in this modern world and the ease of service process across State lines, it's just pure stupidity.

In any event, you should answer the Summons and assert an affirmative defense that the claim is time-barred as it is past the Statute of Limitations to bring an action.

This may stop the whole thing. Or, you'll be challenged in court to defend your affirmative defense. Even having wrote that, your defense is still going to be that the suit is time-barred. This will cause the Plaintiff to have to defend and justify their bringing the action.

I have read much caselaw on this, as I have two claims that were filed in my BK case which are 15 and 20 years old respectively. Talk about time-barred! However, tolling is always an issue, and you'll have to prove that the debt didn't toll or that there is no tolling of your debt for some particular reason. That reason could be that... while you moved, service of process is not difficult and that you forwarded your mail, and that you were easily found.

[applecake]

I'm sorry, I just have to laugh because I thought "SOL" in your subject meant "**** out of luck." Which would pretty much describe all us of here, would it not?

[cdstatic]

Ok, so the answer is filed. What can I expect next if the attorney decides not to go forward with the case? Is there a timeframe involved?

[cdstatic]

Well, I just received a "Notice of Case Management Conference" in the mail. Does anyone know what to make of this? Does it mean the court determined my answer stating the debt was time barred due to the SOL was insufficient?

[justbroke]

Well, I just received a "Notice of Case Management Conference" in the mail. Does anyone know what to make of this? Does it mean the court determined my answer stating the debt was time barred due to the SOL was insufficient?

I'm not a lawyer, but I think this is similar to a preliminary non-evidentiary hearing. It may be standard for your court to issue when a defendant in a suit has responded. You must appear.

This is not a "summary judgment". You may need to find what exactly a case management conference entitles you to present during the conference. I would certainly bring any documentation supporting your affirmative SOL defense.

[cdstatic]

Update all, I received a Request for Admission from the suing lawyer. I contacted a lawyer to represent me, but the fee would be $2,000 (half of what I owe!) I plan to shop around. In the meantime, does anyone know any links on guidance to responding to these questions should I not find an affordable attorney? Basically, it lists several questions about the credit card in question... did agree you have credit card # xx-xxxx, did you make the charges, etc.

The lawyer I spoke to alluded that because I initially answered that the SOL was up, I effectively accepted claim to this debt. True? Also, he implied that the SOL would hold for my current state of residence and not the state it originated in. Anywhere I can check up on this?

Lastly, any thoughts on what I should throw back to the suing attorney and request during discovery?

[HHM]

Yeah, you kinda shot yourself in the foot.

If you don't deny the allegations of the complaint in your answer, then you have admitted them.

The request for admissions is a discovery request and any answer you give is UNDER OATH. You must respond, and you must respond truthfully.

No offense, but you basically did just about everything wrong that a Pro Se defendant can do in responding to the lawsuit.

About all you can do is file a Motion to Dismiss based on your Statute of Limitations defense and hope, by some dumb luck, you got that right.