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Does the statute of limitations apply to the state you live in currently or the state you lived in when you got the debt?
Thanks
@kcc wrote:Does the statute of limitations apply to the state you live in currently or the state you lived in when you got the debt?
Thanks
It applies to the state you live in now.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
At least for NY residents, the NY Court of Appeals (the state's highest court) unanimously ruled that creditors in states with a lower SOL cannot take advantage of NY states six year SOL. So for example a NY resident with a Bank of America card, the SOL is three years because BofA is based in DE where the SOL is three. The NY Court of Appeals decision is Portfolio Recovery Associates v. King and is the controlling precedent on the matter. You should look up relevant judicial decisions in your state that may have invalidated state law or interpreted it in a similar way.
Expiration of SOL on a debt is raised in legal proceedings as a defense, and thus is dependent upon the jurisdiction hearing the case. Judges are bound by the laws of their jurisdiction.
Debt collectors, for example, have the option to bring legal action in either the state in which the contract was initiated, or the state of your current residence. They will thus determine the relevant SOL that the judge is bound to use based on the jurisdiction in which they bring legal action. Some state SOL statutes include specific provisions for certain actions that occured out of state, such as contract and/or residency during their period of SOL, but it is still the SOL of the jurisdiction of trial that governs.
Most actions are brought in your state of residency, so that is usually the state of relevant SOL used at trial.
That all being said....if they file suit in another state, you file a motion to dismiss based on (1) that court no longer has juridiction over you and (2) it is an inconvenient forum. The court, for example, would consider it unreasonable for a consumer to have to appear in CA when the consumer currently lives in FL.
In FL, BTW, if your prior state has a lower SOL, the OC and CA cannot use FL's SOL to win a lawsuit if the debt was incurred in the prior state. For example, debt incurred in SC with a 3 yr SOL. FL is 4 or 5 depending on debt type. If the DOFD is over 3 yrs, the creditor/CA cannot succeed by choosing FL as the venue since they have a longer SOL.
Good to know about FL. I strongly recommend checking judicial rulings because what's on the law books isn't always valid.