SOL Confusion

[adamseve]

Hi,

My daughter's permanent address is in SC but she works in GA and has an apartment there as well.  She acquired some debt when living in SC and that's the address on her credit reports, etc.  Of those debts one company served her a summons at her GA residence for a debt she acquired in SC.  What state's SOL should we follow?

Thanks in advance for your assistance.

Message Edited by adamseve on 11-29-2009 08:27 PM

[RobertEG]

I don't think SOL is even an issue now.  It is jurisdiction for legal action. 

The question you raise is her state of legal residency.  How long ago did she establish residency in GA?  If she moved, I dont think that the fact that she stll has a legal obligation for a lease in SC would pertetuate her claim of residency there.

How long has she been in GA?  Did she apply for a driver's license in GA, which required her to have asserted to being a resident?

Which state issued the summons?

Regardless, SOL is not even an issue for the question of jurisdiction of authority to sue or issue the summons.

I advise getting a lawyer.

[adamseve]

The reason I ask about SOL is because I'd like to request a motion to dismiss because the debt is past the SOL in SC.  She was FORCED to get a driver's license in GA because they have a 30 day requirement in order for her to drive.  She works in GA during the week and comes home on the weekend, but she lists her permanent resident as SC and that's how she files EVERYTHING.

They have the right to file the summons in GA but I'm wondering about how to answer the summons.

Message Edited by adamseve on 11-30-2009 09:50 PM

[Anonymous]

Georgia SOL is:

Fraud: 2 years.

Libel / Slander / Defamation:1 year.

Injury to Personal Property: 4 years.

Product Liability: 2 years.

Contracts: Written, 6 years; Oral, 4 years

South Carolina SOL is:

Personal Injury: 3 years.

Fraud: 3 years.

Libel / Slander / Defamation: 2 years.

Injury to Personal Property: 3 years.

Product Liability: 3 years.

Contracts: Written and under seal, 20 years. Otherwise, 3 years.

You need to speak with an attorney on the specifics and the type of debt it is and how SOL will affect it.

[RobertEG]

She was not "forced" to declare residency and get a GA driving license.   She was simply required to establish residency, and get a new license if she wanted to continue driving in thier state.  By signing a request for a GA drivers license, she was required to have asserted GA residency, She willingly provided a GA residency address,.

I think that is case is closed.

Message Edited by RobertEG on 11-30-2009 10:07 PM

[adamseve]

Robert,

I asked for assistance, not your 2 cents worth on whether she was forced to assume residency or not.  In my opinion, and hers, she was forced to get a GA DL because she had no choice.  Either she'd lose her job or have to get the license.  There isn't much choice in that matter considering the unemployment rate.

Why is that any time anyone asks for assistance on this board they ge personal opinions instead of facts?  All I freakin' wanted was facts on how the SOL matter should be handled on this debt.  Some help you've been!

[adamseve]

Thanks TXJOHN...I was aware of this info, just not sure which one would prevail considering our dilemma.

I did consult my attorney after not getting much assistance from the board.  I initially wanted to try to help my daughter handle this herself, but I think we'll get an attorney.

Take care and Happy Holidays!