Quick question regarding SOL

[neverrain]

Just curious:

If someone enters into an agreement in one state, things go south, etc, then the person moves to another state, does SOL apply in the state that the agreement was initially entered into?

I've been searching online to answer this question and can't seem to find any definitive information regarding it.

[RobertEG]

The statute of limitations that must be applied by the court is that of their state.

Thus, the prevaiing SOL at trial will be that of the jurisdiction of the trial court.

Some state SOLs include provisions dealing with former residency, so can incorporate by reference to

an SOL of another state.

Where trial is conducted depends upon  what court has jurisdiction.

If the plaintiff is a debt collector, then FDCPA 811 gives them the following options:

FDCPA 811.  Legal actions by debt collectors

(a) Any debt collector who brings any legal action against a debt of any consumer shall-

      (1) in the case of any action to enforce an interest in real property securing the consumer's

     obligation, bring such action only in a judicial district or similar legal entity in which such

     real prperty is located; or

     (2) in the case of any action not described in paragraph (1), bring such action only

     in the judicial district or similar entity-

          (A) in which such consumer signed the contract  sued upon, or

          (B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by

by debt collectors.

[neverrain]

So if I'm reading the legaleze right:

1. Applies to debt resulting from a physical property

2. (2a) would use SOL in the state the agreement was entered into, (2b) would use the SOL where the person being sued currently resided

Well, that doesn't help at all lol.  So it could be either or? is that up to the judge?

[guiness56]

They have the option of either SOL.

However, you can only be sued in the state you currently live in.  Not too many judges will allow an SOL that is outside the states.

[neverrain]

Well, that's kind of the crappy part.  I'm trying to figure out when SOL on a private student loan is up, and I moved from a 4 year state to a 6 year state.

[RobertEG]

It is of course up to the judge to determine whether their court has proper jurisdiction over a legal action.

However, the FDCPA is federal statute, and thus supercedes state statues with respect to debt collectors.

Thus, if the court is either where the contract was signed or the current jurisdiction of residence of the consumer, then the court would most likely not find lack of jurisdiciton in view of the clear provisions of FDCPA 811.  It may leave the consumer a bit in limbo, but it is what it is......

However, in the real world, unless the SOL of one jurisdction has expired, the debt collector will usually bring action in the jurisdiction of residence of the consumer for numerous reasons, such as simplification of service of notice on the defendant, complying with any discovery, etc.

Check out the state statutes of both jurisdictions if you contracted in another jurisdiction.

[guiness56]

Even if they sued you in the state of occurence, it is not collectable in your current state unless they domesticate the judgment.  It is costly and seldom done unless the amount of the judgment is large.

That is one reason they generally sue in your current state.