topic Re: SOL Question in Rebuilding Your Credit

SOL Question

PiggybackTuna — Sat, 03 Jan 2009 06:25:40 GMT

If I physicaly signed a car loan in North Carolinan while I was living in South Carolina yet was living in North Carolina for over a year when I dfaulted on the loan wich states SOL wouldm apply?

Re: SOL Question

guiness56 — Sat, 03 Jan 2009 09:20:52 GMT

They can use either one. Usually the one that benefits them.

Re: SOL Question

sidewinder — Sat, 03 Jan 2009 16:12:35 GMT

Guiness is correct, read both state statutes.

Some states toll SOL when you move and some states will bar suit if it is time barred in the original state.

What state do you live in now?

Re: SOL Question

PiggybackTuna — Sat, 03 Jan 2009 23:02:43 GMT

I live in Florida now

Re: SOL Question

PiggybackTuna — Sat, 03 Jan 2009 23:24:12 GMT

SECTION 15-3-30. Exceptions where defendant is out of State.

If when a cause of action shall accrue against any person he shall be out of the State, such action may be commenced within the terms in this chapter respectively limited after the return of such person into this State. And if, after such cause of action shall have accrued, such person shall depart from and reside out of this State or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

The above statute is from South Carolina. Does this mean they can't sue me in South Carolina unless I return to South Carolina?

Re: SOL Question

sidewinder — Sun, 04 Jan 2009 00:07:32 GMT

IMO, it means that the SOL period doesn't begin to run until you return.