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Hello all,
I have a loan with Pioneer Military lending that was incurred in the state of Hawaii in August of 2010 with a DOFD of 12/2010. I currently live in Texas and have been since Aug of 2012. This debt has recently been "assigned" to a CA.
My questions pertain to the SOL. If this account was incurred in Hawaii I am led to believe that the SOL of Hawaii applies, which would be 6 years on a contract. Is this from DOFD or charge off date? If I currently live in Texas, what possible legal routes could the company take with the Hawaii SOL?
Any help or advice would be greatly appreciated!
The statute of limitations that applies in any given case is the statute of the state where the court resides.
Judges can only apply the statute of their state/jurisdiction.
The FDCPA explicitly permits a debt collector to bring legal action in either the state where the contract that created the debt was signed, or in the state of current residency of the consumer. See FDCPA 811.
As a practical matter, legal action will usually be brought in the state of current residency of the consumer, for numberous reasons.
First, it simplifies notice requirments upon the consumer. Second, if a judgment is obtaned in a jurisdiction outside that of the current jurisdiction of residency of the consumer, then it is not automatically enforceable in the jurisdiction of residency. The judgment must be submitted to the court in your state and requested to be "domiesticated" to your state, meaning found by your state court to be enforceable in your jurisdiciton.
Additionally, many state SOL's provide "borrowing" of provisions from another state, such as the period of the limitation if it is shorter in your prior state of residence.
Thus, the SOL in state of trial can and often does use the period of another state. Check out the details of your SOL statute to determine if it contains any "borrowing" provisions that might make the shorter SOL of a prior state of residency apply in your current state of residency.