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Is the SOL based on the state where you first received credit or does it change to state you currently live in. My old debts were from when I lived in Idaho and they have a SOL of 5 years. I now live in Colorado where is appears that SOL is 6 years, which one do I fall under?
Thanks for your help.
If any legal action is brought, the court in which the action is brought must hear the action based on the laws of their jurisdiction.
SOL is thus the statute of the state court in which the aciton is being tried.
Many states will include specific sections within their SOL that address periods of non-residency, ant thus can incorporate provisions of other state statutes by specific reference. You need to review your state statute for any non-residency provisions that might apply.
If the plaintiff is a debt collector, the FDCPA, as superceding federal statute, permits a debt collector the option of bringing legal action in either the state in which the contract creating the debt was signed, or in the current jurisdiction of residency of the consumer.
Thus, you may not know the applicable SOL at trial until they bring their action.
Most debt collectors will choose to bring action in the current state of residency of the consumer, as it vastly simplifies service on the defendant and other procedural issues.